Introduction and Importance of NC Criminal Background Checks

What is a NC Criminal Background Check?

A criminal background check in North Carolina (NC) is an investigation into an individual’s criminal history within the state. These checks provide detailed reports on an individual’s past, including any criminal convictions, arrests, and ongoing investigations. It is conducted by accessing databases maintained by state and local authorities such as the North Carolina State Bureau of Investigation (SBI) and county or municipal courts.

These checks are crucial for evaluating a person’s suitability for specific roles in society, particularly in jobs, housing, and licensing. Criminal background checks are commonly used by employers, landlords, law enforcement agencies, and other institutions to make decisions regarding trust and safety. The goal is to reduce risk, ensure security, and help organizations or individuals protect themselves from potentially harmful situations.

Who Needs Criminal Background Checks in NC?

In North Carolina, criminal background checks are required in a variety of circumstances. Here are some of the key groups who commonly require these checks:

1. Employers: Employers use criminal background checks as part of the hiring process to ensure that a prospective employee does not have a criminal history that could pose a safety risk or negatively impact the workplace. Industries that require background checks include healthcare, education, finance, and security.
2. Landlords: Criminal background checks are also vital for landlords screening potential tenants. Ensuring that a tenant has no history of violent crime, drug abuse, or other offenses is crucial in maintaining a safe living environment for all residents.
3. Licensing and Certification Bodies: Many professional licensing agencies in North Carolina require background checks as part of the certification process. Examples include positions in healthcare, education, law enforcement, and financial sectors. These checks help ensure that only individuals who meet specific ethical and legal standards are allowed to practice.
4. Gun Buyers: North Carolina law mandates criminal background checks for individuals purchasing firearms. The purpose is to ensure that firearms do not fall into the hands of individuals with disqualifying criminal records such as felonies or domestic violence charges.
5. Adoptive or Foster Parents: North Carolina requires background checks for individuals applying to adopt or foster children. This is done to ensure the safety and well-being of vulnerable children by making sure they are not placed in environments where they may face harm.
6. Volunteers: Non-profit organizations that work with children, the elderly, or other vulnerable populations often require background checks for their volunteers. These checks are crucial in preventing incidents of abuse or exploitation.
7. Immigration and Citizenship: Individuals applying for immigration benefits or U.S. citizenship are often required to submit criminal background checks as part of their application process to ensure that they do not have a criminal history that would affect their eligibility.

Why Are Criminal Background Checks Crucial in NC?

Criminal background checks serve multiple purposes in North Carolina, primarily focused on promoting safety, reducing liability, and ensuring compliance with legal requirements. Here are some of the major reasons why criminal background checks are so critical:

1. Ensuring Workplace Safety: Employers need to ensure a safe work environment for their employees and customers. By conducting criminal background checks, businesses can identify individuals with violent crimes or other offenses in their past, allowing them to make informed hiring decisions.
2. Protecting Tenant and Community Safety: Landlords use criminal background checks to verify that potential tenants do not have a history of disruptive or criminal behavior that could endanger other residents. This helps in maintaining peaceful and secure living conditions for everyone.
3. Mitigating Financial Risk: In many industries, such as finance and healthcare, the potential for fraud is a major concern. A criminal background check can help organizations mitigate the risk of hiring individuals who may have a history of financial crimes, fraud, or theft.
4. Compliance with Laws: Certain professions and industries are legally required to conduct background checks as part of their compliance with state and federal laws. For example, healthcare workers must be vetted to ensure they are not listed in abuse registries, and gun buyers must undergo background checks per federal law.
5. Fostering Public Trust: In professions where individuals are entrusted with sensitive responsibilities, such as law enforcement or teaching, background checks help maintain public confidence in the integrity of these institutions. For instance, criminal background checks ensure that teachers and healthcare professionals are fit for their roles and have no history of offenses that could affect their performance or relationships with vulnerable populations.

How NC Criminal Background Checks Work

The Process of Conducting NC Criminal Background Checks

The process for conducting a criminal background check in North Carolina involves several steps, which are designed to ensure that accurate and reliable information is provided to the requesting party, such as employers, landlords, or licensing agencies. Below is a breakdown of the steps involved in conducting a criminal background check in NC:

1. Requesting the Check:
   • The first step in the process is to request a criminal background check from an authorized agency, such as the North Carolina State Bureau of Investigation (SBI) or local county law enforcement agencies.
   • In some cases, private background check companies can assist in this process. They access official state and local databases to provide comprehensive reports.
   • The requester (employer, landlord, etc.) will need to fill out the appropriate forms and submit any necessary documentation, such as the individual’s name, date of birth, and social security number.
2. Providing Identification Information:
   • To ensure the background check is accurate, the individual whose record is being checked must provide identification details. This often includes their full legal name, date of birth, and sometimes fingerprints. Fingerprints are required for state and federal checks, particularly for sensitive positions like those in law enforcement or child care.
   • If the individual has used any aliases or name changes, it’s important to disclose those as well to ensure a thorough search.
3. Searching State and Local Databases:
   • Once the request is submitted, the appropriate authorities will begin their search. This involves querying several databases:
     • State-level databases: The North Carolina SBI database holds records of felony convictions, certain misdemeanor convictions, and any other criminal proceedings handled by the state.
     • Local databases: For more localized checks, county or city law enforcement agencies may be consulted to find records specific to certain counties or cities.
     • Federal databases: If the background check requires federal information (such as for jobs that require federal security clearance), the search may extend to national databases, such as the FBI’s Criminal Justice Information Services (CJIS) database.
4. Reviewing the Results:
   • Once the search is complete, the results are compiled into a report, which will detail any criminal convictions, arrests, or pending cases. The report typically includes information such as:
     • Criminal charges and case numbers
     • Court dates and outcomes
     • Sentences and any outstanding warrants
   • For employers or landlords, the report helps them assess whether the person has a criminal history that could impact their eligibility for employment or housing.
5. Issuing the Report:
   • The final background check report is issued to the requesting party. Employers, landlords, and other stakeholders can then use this information to make informed decisions.

Key Documents and Information Required

Several pieces of information are necessary to complete an accurate criminal background check in NC. Here are the primary documents and details required:

1. Full Name: This is essential for searching through criminal records accurately. It helps to identify the person whose records are being checked.
2. Date of Birth: This helps confirm the individual’s identity and filter out records of others with similar names.
3. Social Security Number: While not always required, providing a social security number can enhance the accuracy of the search by verifying identity.
4. Fingerprints: For certain background checks, especially those involving federal or sensitive positions, fingerprints may be required.
5. Aliases or Name Changes: If the individual has gone by other names or has changed their name, it’s crucial to provide that information to ensure a complete search.

Types of Criminal Background Checks in NC

In North Carolina, several different types of criminal background checks are available, each providing varying levels of detail. Below is a comparison of the most common types of criminal background checks:

Type of Check	Description	Coverage	Cost	Time to Complete
Statewide Criminal Check	Searches the North Carolina State Bureau of Investigation (SBI) database for felony and certain misdemeanor convictions.	Statewide (NC only)	$25-$40	1-3 business days
County Criminal Check	Searches criminal records in specific counties. This may include misdemeanors, felonies, and arrests.	County-specific	$10-$25	1-7 business days
Federal Criminal Check	Searches the FBI’s Criminal Justice Information Services (CJIS) database for federal crimes.	National (Federal crimes)	$15-$50	3-5 business days
National Criminal Check	Searches national databases for criminal records across the U.S.	Nationwide	$30-$75	3-5 business days
Sex Offender Registry Check	Searches the National Sex Offender Public Website for any registered offenders.	Nationwide	$5-$15	Instant/1 business day

Precisehire’s Role in NC Criminal Background Checks

Precisehire offers a comprehensive suite of background check services, including criminal background checks tailored for North Carolina. Whether you’re an employer, landlord, or licensing authority, Precisehire provides accurate, timely, and legally compliant background screening solutions.

By leveraging advanced technology and access to a wide array of state and national databases, Precisehire ensures thorough checks that cover all necessary aspects of a person’s criminal history. Their services are designed to help businesses, organizations, and property managers make informed decisions and reduce the risks associated with hiring or renting to individuals with criminal backgrounds.

Legal Requirements for NC Criminal Background Checks

In North Carolina, criminal background checks are subject to several legal guidelines and regulations to protect individuals’ rights while ensuring transparency in the process. Key legal aspects include:

1. Fair Credit Reporting Act (FCRA):
   • The FCRA regulates how background checks must be conducted and ensures that individuals’ rights are protected throughout the screening process. Employers and other entities conducting background checks must ensure that the process is fair and transparent. They are also required to obtain written consent from the individual before conducting a background check.
   • If the background check results in an adverse decision (such as a job denial), the FCRA mandates that the individual be notified and provided with the report before any action is taken. This allows the individual the opportunity to dispute any inaccuracies.
2. North Carolina’s “Ban the Box” Law:
   • North Carolina has implemented a “Ban the Box” policy, which prohibits employers from asking about criminal convictions on initial job applications. This law applies to state agencies and certain private employers. The idea is to give individuals with criminal backgrounds a fair chance to be evaluated based on their qualifications rather than their past criminal history.
   • However, criminal background checks can still be conducted later in the hiring process, typically after an interview or conditional job offer.
3. North Carolina Criminal Record Expunction Law:
   • North Carolina law allows for the expunction (or sealing) of certain criminal records under specific conditions. Expunged records are not typically accessible during background checks. Individuals who have had their criminal records expunged may legally state that they do not have a criminal record.
   • Expungement eligibility is generally dependent on factors such as the type of offense, time elapsed since the conviction, and whether the individual has successfully completed probation or other requirements.
4. Data Privacy and Protection:
   • North Carolina follows strict guidelines regarding the collection, storage, and use of personal information during criminal background checks. Employers must ensure that they handle individuals’ personal data securely and only use it for the purposes for which it was collected. Violations of privacy laws could lead to significant legal penalties.
5. Usage Limitations:
   • There are limitations on how employers can use criminal background check results. For example, North Carolina law prohibits discrimination based solely on an individual’s criminal record, particularly if the crime is not relevant to the position or job duties. Employers are required to evaluate the nature and relevance of the crime to the job in question.

Frequently Asked Questions (FAQs)

Conclusion

Criminal background checks in North Carolina are a vital component for employers, landlords, and other entities when making decisions about hiring, renting, or licensing. These checks provide crucial insights into an individual’s criminal history, ensuring that organizations can reduce risk and make informed decisions. However, the process is governed by strict legal guidelines, such as the Fair Credit Reporting Act (FCRA), Ban the Box laws, and various state-specific regulations, which ensure fairness and protect the rights of individuals.

Employers and landlords must understand the legal implications of conducting these checks and ensure compliance with all applicable laws. In North Carolina, this means following the proper procedures, obtaining consent, and ensuring that criminal history is considered appropriately in the context of the job or housing situation.

For businesses and organizations looking to streamline their background check process, Precisehire offers expert services that help navigate the complexities of criminal background checks, ensuring compliance with North Carolina’s laws and providing reliable, accurate results. By partnering with professional services like Precisehire, employers and landlords can efficiently manage the screening process and make confident decisions while protecting themselves and their applicants.