North Carolina Background Check
The screening process for pre-employment is a crucial element in ensuring that your North Carolina business hires qualified and trustworthy employees. It also ensures your company's reputation is protected, complies with NC federal and state laws, provides an environment that is safe for employees, and serves your clients.
Monitoring references and looking up a candidate's name online isn't enough to clear hiring mistakes and the liability of negligence when hiring.
We carry out NC background checks on companies located in Charlotte, Greensboro, Durham, Raleigh, Wilmington, Roxboro, and other places.
Based on our past experiences in the production of complete and accurate background checks, we've put together this comprehensive guide for conducting the North Carolina background check.
North Carolina Background Check Laws
In addition, you must make sure that you comply with all federal and local, state, and federal legislation and regulations about NC employers who conduct screening for employees to avoid penalties, fines, costly litigation, and delays in your hiring procedure.
The interplay between federal, state, and local regulations for background checks for employees can be a bit difficult to navigate and requires constant attention to ensure you're informed of the latest information.
Federal Laws and Regulations on Background Checks
The Federal Trade Commission (FTC) supervises the enforcement of the Fair Credit Reporting Act (FCRA) that outlines how employers can obtain personal information about an applicant for employment.
The FCRA demands that you get the candidate's consent before conducting a background check. The report must also give applicants the chance to read and possibly amend any data included in the report.
The Equal Employment Opportunity Commission (EEOC) is responsible for implementing Title VII of the Civil Rights Act of 1964. For example, suppose you are using information from criminal history to disqualify someone from a job. In that case, it is necessary to conduct an assessment on your own of the particular incident to make sure that the criminal record corresponds with the job.
North Carolina State Laws and Regulations on Background Checks
In North Carolina, certain employers are required to conduct background checks on prospective employees according to the law of the state. For instance, companies that offer certain healthcare and child products, services for mental health care providers, substance abuse treatment facilities, and companies that cater to disabled people have to conduct background checks on prospective employees.
Since November 1, 2020, NC states agencies have not been allowed to conduct a criminal background check on candidates for state jobs for at least after the first interview. NC Executive Order no. 158 effectively applies "fair chances" known as "ban-the-box" limitations for employers of state agencies to not seek out the criminal record of applicants until they are considered qualified, and only if the information is pertinent to the job.
There is currently an absence of a "ban-the-box" law governing NC background screening for employees of private companies. However, Governor Roy Cooper's Executive Order No. 158, signed in August of 2020, suggests a greater control of how employers obtain and assess criminal histories in their hiring decisions.
Per Executive Order 158, state agencies must eliminate any inquiries about criminal history on their applications. Therefore, they cannot inquire about criminal records in the first phases of the application process.
They are also not permitted to consider pardoned or expunged records or arrests that didn't lead to convictions, accusations that are not related to the vacancies available and those for which the accused were found not guilty, or even charges that were dismissed. In addition, background checks are not permitted before an interview, and all state agencies must give applicants the chance to discuss the relevant circumstances that led to convictions.
This executive order, however, currently only affects state agencies. Private businesses that are located in North Carolina might anticipate that similar legislation could be adopted for them.
North Carolina Municipal Laws and Regulations on Background Checks
Certain cities within North Carolina have enacted additional restrictions on the method and extent of background checks.
The main restrictions imposed on North Carolina counties and municipalities pertain to the "ban-the-box" law. Therefore, the background must check compliance experts at The Koleman Group LLC stay up-to-date with the ever-changing changes made by localities throughout North Carolina to ensure that our reports conform to the law.
What is in a North Carolina Background Check?
Based on the sector and particular requirements of your company The requirements for depending on the specific needs of your business, an NC background check may include various categories of information about the person being considered for background checks as described below.
Work and Professional History
Check the professional qualifications and experience of a candidate by verifying their past employers and dates of employment and job title.
Using the basic identifying information supplied by the candidate using basic identifying information, an NC background check can verify the candidate's identity, which is vital to make sure that all data gathered about the applicant is correct.
It is possible to confirm that the applicant is qualified to be employed in America. For example, the US uses a North Carolina background check to fill out an online form I9 to verify an applicant's legality to work.
Criminal History Information
A thorough NC background check on a prospective employee includes a national database search and a North Carolina county and statewide criminal record search.
This includes criminal records kept by the individual municipalities or counties in NC and can be extended to other states where the candidate was a resident.
What information am I not allowed to obtain in a North Carolina Background Check?
It is perhaps just as important as knowing the information you can gather about a potential employee through an NC background check is the information that is not considered or used to make hiring decisions based on the law.
The Expunged Version of Criminal History
North Carolina law bans employers from requesting information about applicants' extinguished criminal history, including convictions, arrests, and charges. An applicant for employment who is a resident of North Carolina also does not have to reveal any criminal history that has been expunged in response to questions in a pre-employment screening form.
Sealed Juvenile Recordings for Children
If minors commit a crime, North Carolina courts typically seal all records related to the offense. It is generally not allowed to access closed North Carolina records for hiring purposes.
How far back does a background check go in North Carolina?
Some states place some states with a seven-year timeframe for applicants' criminal records, meaning that you can only access criminal records on the applicant for the past seven years. However, North Carolina does not impose an upper limit in an applicant's "lookback timeframe" for an applicant's criminal history. Therefore, you can look up the available criminal history of the applicant from NC for as long as you need to screen.
Of course, you'll need to be aware of the federal FCRA and its restrictions when you decide on the scope of background checks.
Do the pending charges show on background checks in North Carolina?
Unless the criminal records associated with incidents have already been cleared, an NC background check may include indictments. It is not illegal by North Carolina law to consider the possibility of criminal charges when making hiring decisions, provided you don't otherwise fall in violation of specific EEOC rules.
What is the best way to get a background check in North Carolina?
Conducting a North Carolina background check on an applicant is complicated if you want to create a complete and exact applicant profile.
Since different agencies keep important records and depend on their specific protocols for request, an NC background check would not be thorough without accessing state, federal, and local records on candidates, including the entire jurisdiction in which the candidate was previously residing.
The North Carolina Judicial Branch maintains court records and information for all 100 counties. To examine a document, it is necessary to determine the NC county where it was argued. You can then contact the Clerk of the Court for the county in question to request the records. Along with the time-consuming process of screening candidates, there is a $35 fee per request.
The police department of every North Carolina jurisdiction may also offer access to the individual's arrest and criminal record. The majority of NC Police departments demand you appear in person with the applicant's details to search their archives. The most common cost for each document is around $35, and the documents you get are not authentic copies or complete records of the disposition of any offense.
Suppose there isn't the level of detailed data which The Koleman Group LLC can collect on a potential candidate. In that case, an inexperienced researcher can likely determine all the areas that need to be analyzed.
For instance, a candidate could have been a resident of one county but been found guilty of a violation in another. In the same way, a candidate may have lived in several states, each of which requires specific background checks and conformity with the plethora of relevant laws and rules.
If you don't know exactly where an arrest took place, and without knowing how to check a person's background by yourself, you could miss out on the crucial jurisdiction in the criminal background check.
What is the average turnaround time for an NC background check?
If you've identified the right candidate and are preparing to wrap the hiring process, delay in receiving a complete background check can result in a loss of time, money, and potential candidates. At The Koleman Group LLC, we are aware of the urgency of background screening requirements and can complete reports in as little as half an hour.
You can avoid obstacles, delays, and expenses of locating NC information for an applicant by using the ingenious and thorough research tool and expert knowledge used by The Koleman Group LLC for background checks.
We are proud to provide thorough and precise background reports within a time-strap to help you make an informed and responsible hiring decision.
How do I find the validity of my own criminal record in North Carolina?
As per the North Carolina Department of Public Safety, The state allows people to check their NC criminal record by requesting a background report through the North Carolina State Bureau of Investigations. It is a fingerprint-based criminal background report that costs $15 and requires you to complete the request form, which is accessible on the internet.
The FBI offers Identification History Summary Reports to people for a fee of $18. The applicant must fill out an order form together with an identification card to view the details from law enforcement and other judicial authorities that might have provided information to the FBI. Remember that this report can only be as comprehensive as the crime information that local agencies provide in the FBI.
How much do background checks cost for North Carolina?
A quick internet search will yield many unvetted and unreliable companies offering no-cost NC background checks. It is important to be cautious when using any of these companies. You're highly unlikely to receive a background report that is current, comprehensive and accurate, legally acceptable, usable, or tailored to your particular requirements.
In addition to the purportedly free NC background checks available online. Certain companies attempt to conduct their candidate screening by soliciting municipal, county, or state court sites. This is laborious and is unlikely to provide the information you require. It's also almost impossible to tell if you've read all the relevant state and county documents.
The most cost-effective and efficient option is to work with a reliable and resourceful background check company like The Koleman Group LLC. We've developed innovative research strategies and extensive methods for collecting verified data to yield precise results for all types of information required by our customers.
The inexpensive NC background check pricing of $30 provided by The Koleman Group LLC offers discounts for large orders and the option of customization. Suppose you are interested in requesting a background check through The Koleman Group LLC. In that case, You can control costs efficiently and effectively by tailoring your request to contain only the types of information that will be useful for the hiring process.
The Koleman Group LLC Your trusted partner for quick, accurate, and Complete North Carolina Background Checks
Screening your employees for pre-employment for your NC company can be easy, informative, and legally compliant if you partner with a reliable and committed background check company. The Koleman Group LLC is the trusted provider of pre-employment screening in North Carolina for excellent reasons.
Our highest priority is with each order. That's why Koleman Group LLC's team of knowledgeable and trained background check specialists, who are located within the US, respond directly to all customer queries. In addition, our compliance team makes sure that all screening reports comply with the relevant laws and guidelines.
Get in touch with us today to find out more about the extensive, precise, and speedy NC background checks conducted through The Koleman Group LLC.
Contact us at the number 618-398-3900 for a complimentary meeting with no-risk for our NC screening experts to discuss your specific company requirements.
Disclaimer: The materials provided in this article are meant to be educational only and are not legal advice. Talk to your lawyer should you have any legal concerns regarding your particular practices and compliance with applicable laws.
Updated on 2022-06-07 21:33:49 by larry coleman