Pre-employment background checks are essential for employers in North Carolina, helping them make informed hiring decisions by verifying various aspects of a candidate’s history, such as criminal records, employment background, driving records, and other relevant details. However, it’s crucial for employers to comply with federal, state, and local laws during this process to avoid costly legal repercussions.

This guide covers what constitutes a North Carolina background check, the process involved, and the relevant laws that govern it.

What is a North Carolina Background Check?

A North Carolina background check involves reviewing public records, databases, and other sources to gather information about a job applicant, volunteer, or contractor. These checks help employers assess the qualifications and suitability of candidates for specific roles. Depending on the scope of the investigation, a background check may include criminal history, employment verification, education credentials, driving records, credit history, and more.

Background checks are used to enhance safety, reduce workplace risk, and ensure regulatory compliance. Certain industries in North Carolina, like childcare, mental health services, and substance abuse programs, require mandatory background checks for prospective employees. For example, childcare workers must undergo a background check before starting employment and every five years thereafter.

What Information Appears on a North Carolina Background Check?

The details visible on a North Carolina background check depend on the specific types of screenings requested. Common checks include:

• Criminal Background Check: A review of misdemeanor and felony convictions, arrest records, and pending charges.
• Employment Verification: Confirmation of previous employers, positions held, and employment durations.
• Education Verification: Validation of academic enrollment, attendance dates, and degrees earned.
• Motor Vehicle Records (MVR): Check for driving violations, accidents, or DUIs.
• Credit Check: Examination of credit history, including collections and bankruptcies.
• Civil Court Records: Review of lawsuits, judgments, liens, and other civil legal matters.
• Drug Testing: Assessment of controlled substance use, including prescription and illicit drugs.

Do Pending Charges Show Up on a North Carolina Background Check?

Pending charges may appear on a criminal background check in North Carolina, as they are typically recorded as part of a person’s criminal history. If an employer conducts a criminal background check, pending charges can be included.

How Long Does a Background Check Take in North Carolina?

The time it takes to complete a North Carolina background check can range from minutes to weeks, depending on the depth of the search, the records being checked, and the method of conducting the check. Online records may be accessed quickly, while in-person verifications or drug testing can take longer.

For quicker results, many employers choose to partner with a Consumer Reporting Agency (CRA), like Identify Background Checks, which uses technology to expedite the process and provide accurate, comprehensive reports.

How to Obtain a Background Check in North Carolina

Employers have two options for obtaining background checks: conducting the checks internally or working with a CRA. Internally, HR teams can request records from the North Carolina State Bureau of Investigation (NCSBI) for criminal checks, from the DMV for driving records, and from past employers or educational institutions for work and educational verifications. However, managing the process internally can be time-consuming and prone to errors.

Alternatively, partnering with a CRA simplifies the process. Agencies like Identify Background Checks handle all aspects of the background check, providing a single point of contact, ensuring legal compliance, and streamlining data collection.

Cost of a Background Check in North Carolina

The cost of a background check in North Carolina varies depending on the type of check and the entity conducting it. For example:

• NCSBI criminal history report: $14
• FBI federal criminal check: $18
• Certified driving record from the DMV: $15

For employers who need multiple checks, partnering with a CRA like Identify Background Checks can be more cost-effective. CRA packages are customizable and often come at a lower cost, especially for large-scale screenings.

How Far Back Do Background Checks Go in North Carolina?

The reporting period for background checks depends on the type of record and whether the employer is using a CRA. Under the Fair Credit Reporting Act (FCRA), bankruptcies can be reported for up to 10 years, while civil suits, judgments, collection accounts, and arrest records without convictions are limited to seven years. However, this seven-year limit does not apply to salaries over $75,000.

In North Carolina, felony and misdemeanor convictions can be reported indefinitely, and there are no restrictions on the lookback period for educational or professional verifications.

North Carolina Background Check Laws

Employers in North Carolina must follow various federal, state, and local regulations governing background checks. This includes compliance with the Ban the Box law and other fair hiring practices.

Ban the Box Law

North Carolina’s Executive Order 158, also known as the “Ban the Box” law, applies to state government agencies and restricts them from inquiring about a candidate’s criminal history on job applications. This law also prohibits considering expunged or pardoned convictions, dismissed charges, and arrests not resulting in a conviction. If a criminal record is considered in the hiring decision, it must be relevant to the job.

While this law only applies to government agencies, it encourages private employers to adopt similar practices.

Fair Credit Reporting Act (FCRA)

Employers working with a CRA must comply with the FCRA, which requires them to obtain written consent from candidates before conducting a background check. If an employer decides not to hire a candidate based on information from a background check, they must provide a summary of the candidate’s rights and follow the proper adverse action process.

By adhering to these laws, employers can mitigate legal risks and ensure a fair, non-discriminatory hiring process.