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North Carolina Background Check Laws: What Employers Need to Know
North Carolina's added rules center on expunged records and how current criminal data has to be, relevant across the state's banking, biotech, and furniture manufacturing industries, whether you're hiring in Charlotte, Raleigh, or Greensboro.
Expunged Records
Consumer reporting agencies can't report expunged records. To stay compliant, reported information generally needs to have been obtained within 90 days of the report. Separately, employers and educational institutions are prohibited from knowingly requesting information about an arrest, criminal charge, or conviction that's been expunged, and a candidate may state that they have no such arrest or conviction.
Insurance-Related Reports
Insurance companies can't request an investigative consumer report unless the consumer is informed of their right to be interviewed and to receive a copy of the report.
Pass-Through Fees for North Carolina Records
| Record Type | Fee |
|---|---|
| Criminal county search | Varies by county — county clerk offices each set their own record access fee |
| Criminal statewide (NC State Bureau of Investigation Identification Section) | No general name-based check available through the SBI, as state law restricts dissemination; searches go through local court records or a third-party court database instead |
| Motor vehicle record | $12.75 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from North Carolina Employers
Does North Carolina have a Ban-the-Box law?
No statewide law for private employers. North Carolina's main added requirements involve expunged records and how recently criminal data was obtained.
How do I run a statewide criminal check in North Carolina?
There's no general public name-based statewide search through the SBI. Searches typically go through county court records or an approved court database.
How current does criminal data need to be in North Carolina?
Generally within 90 days, which is how a screening company demonstrates it isn't reporting a record that's since been expunged.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.
