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Effective December 1, 2013, employers in North Carolina must comply with new restrictions regarding criminal background checks on job applicants. Under the newly amended statute, employers are prohibited from asking about an applicant’s “expunged” arrest, charge or conviction. While many employers may already avoid direct questions concerning a person’s expunged records, the limitation now specifies that employers cannot inquire about criminal backgrounds in a manner that leads to disclosure of expunged information.
For reference, expunction is a legal process that clears a person’s criminal history and permanently seals the court file. As such, the prior arrest, charge or conviction does not count toward a person’s individual criminal record.
To help employers comply with the new legal requirements, our State-Specific Job Application eliminates any prohibited inquiries related to an applicant’s expunged records. Employers in North Carolina can rely on this attorney-developed application to capture detailed, relevant information about the applicant’s education, employment history and qualifications, while avoiding any legal missteps with this new statute.
Ashley Kaplan is an employment law attorney and HR consultant who oversees product development of compliance solutions for employers. While she devotes much of her time to tracking federal and state legal developments, she also enjoys traveling, playing soccer, and spending time outdoors with her family enjoying the Florida sunshine.