North Carolina Background Check Laws for Employers (2026)
North Carolina leaves most screening decisions to the employer, but it is not a hands-off state. Private employers with 25 or more employees must run every new hire through E-Verify, and expunged records are off limits by statute.
This guide covers each North Carolina rule, names the agency behind it, and explains the federal FCRA steps and application-question limits that apply on top.
North Carolina Background Check Laws at a Glance
North Carolina has no state consumer-reporting statute of its own, so the federal FCRA carries the process rules. The state statutes below add E-Verify, drug-testing procedure, expunction protections and a negligent-hiring shield.
The table maps each topic to the law that governs it and the agency that administers it.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Federal FCRA, 15 U.S.C. § 1681 et seq. | Stand-alone disclosure, written authorization, pre-adverse and adverse-action notices, seven-year limit on reported non-convictions below $75,000. North Carolina has no state FCRA. | Consumer Financial Protection Bureau; Federal Trade Commission; private suits |
| State criminal records | Clerk of superior court records; eCourts portal | Court records are public through the clerk in each of the 100 counties and, increasingly, through the eCourts portal. No name-based statewide employer search. | Administrative Office of the Courts; State Bureau of Investigation |
| Fair chance / ban the box | Executive Order 158 (August 18, 2020) | State agencies under the Governor remove the criminal-history question and may not consider criminal history before the initial interview is complete. Does not bind private employers. | Office of State Human Resources |
| Expunged records | N.C. Gen. Stat. § 15A-153 | Employers may not ask applicants to disclose expunged arrests, charges or convictions, and applicants need not disclose them. | Superior and district courts; State Bureau of Investigation records |
| Automatic expunction | N.C. Gen. Stat. § 15A-146(a4) | Charges dismissed or ending in a not-guilty verdict on or after December 1, 2021 are expunged by operation of law 180 to 210 days after disposition. The 2022 suspension expired July 1, 2024, and S.L. 2024-35 revised the process. | Administrative Office of the Courts |
| Certificates of relief | N.C. Gen. Stat. §§ 15A-173.1 to 15A-173.6 | An employer that relies on a certificate of relief is shielded from negligent-hiring liability for the certified conviction. | Superior and district courts |
| Lookback | FCRA, 15 U.S.C. § 1681c (federal) | No North Carolina cap. Non-convictions drop off after seven years for jobs paying under $75,000; convictions have no federal age limit. | Consumer Financial Protection Bureau; Federal Trade Commission |
| Credit reports | FCRA (federal) | No North Carolina restriction on employment credit checks; FCRA consent and adverse-action rules apply. | Consumer Financial Protection Bureau |
| Salary history | Executive Order 93 (2019) | Bars state agencies from asking about salary history. No statewide ban for private employers. | Office of State Human Resources |
| Drug and marijuana testing | N.C. Gen. Stat. § 95-230 et seq. (Controlled Substance Examination Regulation Act) | Tests must use an approved laboratory, chain of custody and confirmatory testing; on-site applicant screens need laboratory confirmation unless waived in writing. No marijuana employment protection. | North Carolina Department of Labor (penalties up to $250 per examinee) |
| Application questions | Title VII, ADEA, ADA, INA (federal); N.C. Gen. Stat. § 143-422.2 | Federal law limits questions about sex, age, disability, citizenship and religion. The Equal Employment Practices Act states North Carolina’s public policy against discrimination. | U.S. EEOC; North Carolina courts |
| E-Verify | N.C. Gen. Stat. §§ 64-25 to 64-38 | Private employers with 25 or more employees must verify new hires through E-Verify; workers employed less than nine months in a calendar year are excluded. State agencies, counties and cities are covered by separate sections. | North Carolina Commissioner of Labor |
| Social media | None (NLRA and Title VII apply) | North Carolina has no social-media password law. | National Labor Relations Board; U.S. EEOC |
| Occupational licensing | N.C. Gen. Stat. § 93B-8.1 | Licensing boards may deny a license for a conviction only after weighing listed factors and finding the offense directly relates to the occupation. | Each licensing board |
How the FCRA Applies to North Carolina Employers
The federal Fair Credit Reporting Act governs every background check a consumer reporting agency prepares for a North Carolina employer. The state rules on this page sit on top of it, never in place of it.
North Carolina has not enacted a state fair credit reporting act, so there is no second set of notices to send. Follow the federal sequence exactly and keep proof of each step.
Clear Disclosure
Give the applicant a clear, stand-alone disclosure that a consumer report may be obtained for employment purposes. Keep the disclosure free of liability waivers and extra language.
Written Authorization
Get written authorization before you order. Then match the search to the position and apply the same package to every candidate for the same job.
Pre-Adverse Action
Before you decide against a candidate because of the report, send a copy of the report and the CFPB Summary of Your Rights. Then wait a reasonable period, commonly five business days, so the candidate can dispute errors.
Adverse Action Notice
If you proceed, send the final notice naming the screening company and stating that it did not make the decision. Explain the right to a free file copy within 60 days and the right to dispute.
North Carolina Criminal Records and County Court Searches
North Carolina court records are public through the clerk of superior court in each county and, increasingly, through the eCourts portal. The Administrative Office of the Courts runs the court system, and the State Bureau of Investigation keeps the state criminal history repository.
No name-based statewide search is open to private employers, so most North Carolina screening runs through the county courts. The state has 100 counties, and each one holds district and superior court records.
How a County Court Search Works
A trained researcher searches the clerk’s index in each county of residence and reviews every possible match. The result shows the charge, the file date, the disposition date and full sentencing on every record.
BCS Background Screening LLC runs a North Carolina county criminal court search for $18 plus any court fees. This is the search that confirms a database hit before it reaches a report.
What Takes Records Off the Table
Three statutes remove certain records from use: § 15A-153 on expunged records, § 15A-146(a4) on automatic expunction, and § 7B-3000 on juvenile records. The Protected Records section below explains each one.
How Far Back a North Carolina Background Check Can Go
North Carolina has no reporting-limit statute of its own. The federal FCRA at 15 U.S.C. § 1681c sets the outer limits, and your own policy decides how much of that window you use.
Non-Convictions (Federal)
Arrests, dismissed charges and other adverse items that did not end in conviction may not be reported more than seven years after they occurred.
Convictions (Federal)
The FCRA places no age limit on reported convictions. Most North Carolina employers set a seven- or ten-year policy window anyway.
Salary Exemption (Federal)
For positions expected to pay $75,000 or more, the seven-year limit on non-convictions does not apply. The individualized-assessment principle still does.
Bankruptcies (Federal)
Bankruptcies carry a ten-year reporting limit under § 1681c(a)(1). Set the lookback in your written policy by position class.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Which North Carolina Records You May and May Not Use
Sealed, Expunged and Set-Aside Records
Under N.C. Gen. Stat. § 15A-153, an employer may not ask an applicant to disclose an expunged arrest, charge or conviction. The applicant may answer as if it never happened.
A screening company that reports an expunged record after notice can be liable. Expunction orders are entered by the superior and district courts and processed by the Administrative Office of the Courts and the State Bureau of Investigation.
Automatic Expunction Under the Second Chance Act
The Second Chance Act (S.L. 2020-35) made expunction of dismissed charges and not-guilty verdicts automatic under § 15A-146(a4). It applies 180 to 210 days after disposition for cases disposed on or after December 1, 2021.
S.L. 2022-47 suspended the process from August 1, 2022. The suspension expired July 1, 2024, and S.L. 2024-35 (effective July 8, 2024) revised the rules and gave the courts a year to clear the backlog.
A dismissal you saw on a report last year may no longer be reportable. Re-check any dismissed charge or acquittal before you act on it.
Certificates of Relief
A court may issue a certificate of relief under §§ 15A-173.1 to 15A-173.6. An employer that knew of the certificate when it hired is protected from negligent-hiring claims based on the certified conviction.
Ask for it when a candidate mentions one and keep a copy with the hiring file. See Article 6 of Chapter 15A.
Arrests and Non-Convictions
No North Carolina statute bars considering arrests. The federal FCRA limits reported non-convictions to seven years for positions paying under $75,000.
An arrest alone does not prove conduct. Look at the underlying facts, and consider them only where they relate to the job.
Juvenile Records
Juvenile court records are confidential under N.C. Gen. Stat. § 7B-3000 and are not available for private employment screening. Do not ask about them.
Licensed Occupations
Under § 93B-8.1, an occupational licensing board may deny a license for a conviction only if it directly relates to the occupation. The board must weigh the seriousness, age at the time, time elapsed and rehabilitation.
Employers of licensed staff should mirror that analysis in their own decisions.
Ban the Box in North Carolina
North Carolina has no ban-the-box statute for private employers. You may ask about convictions on the application, at the interview, or later.
No state law requires an individualized assessment or a waiting period before you act on a record. Title VII still sets the outer limit for employers with 15 or more employees.
State Agencies: Executive Order 158
Fair Chance Executive Order 158, signed August 18, 2020, directs state agencies under the Governor to remove criminal-history questions from applications. Agencies may not inquire into or consider a candidate’s criminal history before the initial job interview is complete.
The order binds state hiring, not private employers. The Office of State Human Resources administers it.
Local Fair-Chance Policies
Durham, Charlotte, Asheville, Mecklenburg County and several other local governments adopted fair-chance policies for their own hiring. Some apply them to contractors, so check the contract terms if you sell services to those governments.
What Still Limits the Decision
Title VII applies to every North Carolina employer with 15 or more employees. A blanket “no convictions” rule invites a disparate-impact claim under 42 U.S.C. § 2000e-2(k).
Weigh the offense, the time elapsed and the job before you act. Moving the conviction question to the interview stage costs nothing and keeps a multistate policy consistent.
Whatever stage you choose, apply it to every candidate for the same position and document the reason for any exception.
What a North Carolina Job Application May Ask
North Carolina has no statute that lists forbidden pre-employment inquiries. Instead, federal law decides which questions a North Carolina application may ask.
The Equal Employment Practices Act, N.C. Gen. Stat. § 143-422.2, states the state’s public policy against discrimination on protected traits. So the four limits below apply to nearly every North Carolina employer.
Sex, Marital Status, Religion, and Photographs
Title VII, 42 U.S.C. § 2000e-2, makes sex a lawful question only where it is a bona fide occupational qualification. Almost no job meets that test.
The EEOC treats questions about race, sex, religion, marital status, children, or pregnancy as evidence of intent to discriminate. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant can work the schedule, travel, and overtime the job requires. Request a photograph only after hire for a badge.
Date of Birth and Age
The ADEA protects applicants 40 and older at employers with 20 or more employees. Under 29 C.F.R. § 1625.5, a date-of-birth question is closely scrutinized because it deters older applicants.
Your screening company still needs the date of birth to match criminal records. So collect it on the FCRA authorization form after the conditional offer, never on the application.
Ask instead: “Are you at least 18 (or 21) years old?” where the job has a legal minimum age.
Disability, Health, and Workers’ Compensation
The ADA, 42 U.S.C. § 12112(d)(2), bars disability-related inquiries and medical exams before a conditional offer. Questions about health, prescriptions, prior workers’ compensation claims, or sick leave all count.
GINA, 42 U.S.C. § 2000ff-1(b), separately bars requests for family medical history. Post-offer exams must apply to every entering employee in the job category.
Ask instead: whether the applicant can perform the essential functions with or without reasonable accommodation.
Citizenship, National Origin, and Military Discharge
The Immigration and Nationality Act, 8 U.S.C. § 1324b, bars citizenship-status discrimination at employers with four or more employees. Pre-hire questions about birthplace, immigration status, or a “green card” are evidence of a violation.
USERRA, 38 U.S.C. § 4311, protects uniformed service. Do not ask the type of military discharge on an application; ask only after the offer where a law or license requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you need sponsorship for an employment visa?”
EEO self-identification is different. Collect race, ethnicity, sex, veteran, and disability status on a separate, voluntary form kept away from decision-makers. Private employers with 100 or more employees file the EEO-1 report each year under 29 C.F.R. § 1602.7.
Credit Reports, Salary History, Drug Testing and More
Employment Credit Reports
No North Carolina statute limits employer credit checks. The FCRA consent and adverse-action steps apply in full.
Limit credit reports to positions with financial responsibility, cash handling or signatory authority, and document the reason. A credit screen that is not job related raises a disparate-impact risk under Title VII.
Salary History and Pay Transparency
No statewide ban applies to private employers. Executive Order 93 (2019) bars state agencies from asking about salary history.
Pay decisions must still comply with the federal Equal Pay Act and Title VII. Many employers set offers from the position’s pay range rather than prior pay.
Drug and Marijuana Testing
The Controlled Substance Examination Regulation Act, N.C. Gen. Stat. § 95-230 et seq., applies to every employer that tests. Samples must go to an approved laboratory with chain of custody, and any positive must be confirmed by gas chromatography-mass spectrometry or an equivalent method.
Applicants may be screened on site with a single-use device. A positive applicant screen must be confirmed by an approved laboratory unless the applicant signs a written waiver.
The laboratory keeps a portion of every confirmed-positive sample for at least 90 days, and the examinee may have it retested at the examinee’s expense. The Department of Labor enforces the act, with penalties up to $250 per examinee.
North Carolina has no medical or adult-use marijuana law, so there is no employment protection for cannabis use. Hemp-derived THC products are legal and can produce positive results; confirmatory testing and a medical review officer help separate them.
Motor Vehicle Records
North Carolina DMV records are available for any position that drives on company business through the driving-records service. Obtain written consent, because the federal Driver’s Privacy Protection Act requires a permissible purpose.
CDL drivers also follow FMCSA rules: the Drug and Alcohol Clearinghouse query, the 49 C.F.R. Part 40 panel and annual motor vehicle record reviews.
E-Verify and Form I-9
Article 2 of Chapter 64 requires every private employer with 25 or more employees to verify each new hire through E-Verify. The mandate phased in between 2012 and 2013 and applies today to any employer at or above the threshold.
Section 64-25 excludes an individual whose term of employment is less than nine months in a calendar year. So short-season and temporary workers fall outside both the 25-employee count and the verification duty, and employers below 25 may enroll voluntarily.
State agencies (§ 126-7.1), counties (§ 153A-99.1) and cities (§ 160A-169.1) must use E-Verify. Public contracts require contractor compliance under § 143-129(j) and § 143-133.3.
The North Carolina Commissioner of Labor investigates complaints under §§ 64-31 to 64-33. A first violation draws an order to file a sworn affidavit of compliance within three business days, with a $10,000 penalty for failing to file it; a second violation adds a $1,000 civil penalty; a third or later violation costs $2,000 for each missed verification.
Form I-9 is still required for every hire, and E-Verify runs after the I-9 within three business days of the start date. Enrollment is free at e-verify.gov; keep the case number with the I-9.
Social Media and Passwords
North Carolina has not enacted a social-media password law. Requesting personal credentials remains a poor practice: it exposes protected traits and can reach protected concerted activity under the National Labor Relations Act.
Automated and AI Hiring Tools
No North Carolina statute regulates automated hiring tools. Title VII disparate-impact rules apply to any screen, automated or not, so test tools for adverse impact and keep a human decision-maker.
North Carolina Industry-Specific Screening Requirements
Several North Carolina statutes require fingerprint or registry checks for specific roles. Below are the rules employers ask about most.
Healthcare and Long-Term Care
Nursing homes, adult care homes and home care agencies must run criminal history checks on unlicensed direct-care staff under N.C. Gen. Stat. § 131E-265 and § 131D-40. They must also check the Health Care Personnel Registry (§ 131E-256). The Department of Health and Human Services administers these rules, and federal OIG exclusion screening applies to roles paid with federal healthcare funds.
Child Care
Child care providers and staff must clear a criminal background check, including fingerprints and a Responsible Individuals List check, under § 110-90.2. The DHHS Division of Child Development and Early Education administers it.
Public Schools
Local boards of education must adopt criminal history check policies for employees and applicants under § 115C-332. The State Board of Education revokes educator licenses for listed convictions under § 115C-270.35.
Private Security
Security guards, private investigators and armed guards are licensed by the Private Protective Services Board under Chapter 74C. Licensing includes fingerprint-based checks.
Commercial Drivers
CDL drivers follow FMCSA rules: the Drug and Alcohol Clearinghouse query before hire and annually, the 49 C.F.R. Part 40 panel and MVR reviews. Motor carriers must also pull an MVR from every state of licensure in the past three years under 49 C.F.R. § 391.23.
Finance and Insurance
Banks follow FDIC Section 19, 12 U.S.C. § 1829, and broker-dealers follow FINRA Rule 3110. Insurance producer applicants are fingerprinted for SBI and FBI checks by the Department of Insurance under § 58-33-48.
What Changed for North Carolina Employers in 2026
North Carolina passed no new screening statute in 2026. However, three federal changes affect how North Carolina employers weigh records, test for drugs and handle federal contracts this year.
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted on October 28, 2026 to rescind the 2012 Enforcement Guidance on arrest and conviction records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law.
What to do: Keep the individualized assessment and the written job-related criteria. They come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws, not from the rescinded guidance.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III. All other marijuana remains Schedule I.
DOT testing is unchanged. 49 C.F.R. Part 40 still tests for marijuana, and DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a legitimate medical explanation for a positive result under 49 C.F.R. § 40.137.
What to do: Keep testing CDL drivers and other safety-sensitive employees for marijuana under Part 40. North Carolina has no medical-marijuana program, so no state protection applies to any other role either.
Source: DEA final rule, 91 FR, Doc. 2026-08176; 49 C.F.R. § 40.137. Read DOT’s guidance
OFCCP’s EO 11246 regulations are rescinded; Section 503 and VEVRAA remain
Executive Order 11246 was revoked by Executive Order 14173 on January 21, 2025. OFCCP then rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026.
The FAR overhaul likewise removed subpart 22.8 and clauses 52.222-21 through 52.222-29. Race- and sex-based affirmative-action plan and recordkeeping duties under EO 11246 no longer apply.
What to do: Keep your Title VII, Section 503 (disability), and VEVRAA (protected veterans) nondiscrimination, affirmative-action, and recordkeeping programs. Those obligations for covered contractors remain in force.
Source: Executive Order 14173, Jan. 21, 2025; OFCCP final rule, Aug. 21, 2026. Read OFCCP’s notice
North Carolina Employment Screening Services
BCS Background Screening LLC runs FCRA-compliant searches for North Carolina employers of every size, with no setup fee and per-search pricing.
North Carolina County Criminal Court Search
Real-time research at the district and superior courts in any of North Carolina’s 100 counties, with file date, disposition date and full sentencing. Price: $18 plus any court fees.
SSN Trace and Address History
Included at no extra cost in every search package: 10-plus years of reported address history to point criminal searches at the right counties.
Nationwide Criminal Database
$17 locator search of thousands of court, corrections, and registry sources with three name variations searched at once. Every hit is verified at the source before it is reported.
Federal Criminal Search
Covers the U.S. District Courts for the Eastern, Middle and Western Districts of North Carolina for federal offenses.
Motor Vehicle Records
North Carolina driving records for any position that drives on company business, with CDL and DOT-regulated roles supported.
Verifications and Add-ons
Employment, education, professional license, and reference verifications, plus employment credit reports for positions with financial responsibility, all ordered from the same account.
North Carolina Employer Compliance Checklist
- Use a stand-alone FCRA disclosure and a separate written authorization for every candidate.
- Remove questions about sex, age, disability, citizenship and religion from the application; ask only whether the applicant is authorized to work in the United States.
- Collect the date of birth on the FCRA authorization form after the conditional offer, never on the application.
- Enroll in E-Verify if you have 25 or more employees; run each new hire within three business days.
- Never ask about expunged records; check whether a reported dismissal has since been expunged.
- Accept certificates of relief and keep a copy with the hiring file.
- Run drug tests only through an approved laboratory with confirmatory testing and chain of custody.
- Do not act on an arrest without reviewing the underlying conduct, and keep non-convictions within seven years below $75,000.
- Send the pre-adverse action package, wait a reasonable period, then send the final adverse-action notice.
- Run an individualized assessment before declining a candidate for a record, keep a dated note, and review any automated screening tool for disparate impact.
North Carolina Employment Screening Law FAQs
Is E-Verify mandatory in North Carolina?
Yes, for private employers with 25 or more employees in North Carolina. N.C. Gen. Stat. §§ 64-25 and 64-26 require them to verify each new hire through E-Verify; individuals whose term of employment is less than nine months in a calendar year are excluded.
State agencies, counties, cities and public contractors are covered by §§ 126-7.1, 153A-99.1, 160A-169.1 and 143-129(j). The North Carolina Commissioner of Labor investigates complaints: a first violation requires a sworn affidavit of compliance ($10,000 if not filed), a second adds a $1,000 penalty, and a third or later violation costs $2,000 per missed verification.
Does North Carolina have a ban-the-box law?
Not for private employers. Executive Order 158 (2020) removes the criminal-history question from state agency applications, administered by the Office of State Human Resources, and cities such as Durham, Charlotte and Asheville apply fair-chance policies to their own hiring.
Private employers may ask at any stage, but Title VII, enforced by the EEOC, still bars criminal-record decisions that work as a proxy for race or national origin.
What may a North Carolina employer ask on a job application?
North Carolina has no statute listing forbidden inquiries, so federal law controls. Title VII, the ADEA, the ADA and the Immigration and Nationality Act, enforced by the EEOC and the Department of Justice, limit questions about sex, religion, age, disability, citizenship and military discharge.
Ask whether the applicant is legally authorized to work in the United States and can perform the essential functions. Collect the date of birth on the FCRA authorization after the conditional offer, not on the application.
How many years back can a North Carolina background check go?
North Carolina has no lookback statute, so the federal Fair Credit Reporting Act governs. Consumer reporting agencies may not report arrests and other non-convictions older than seven years for positions paying under $75,000; bankruptcies are limited to ten years; convictions carry no federal age limit.
The Consumer Financial Protection Bureau and Federal Trade Commission enforce the FCRA.
Can a North Carolina employer ask about expunged records?
No. N.C. Gen. Stat. § 15A-153 bars employers from asking applicants to disclose expunged arrests, charges or convictions, and applicants may answer as though they never occurred. Dismissed charges and not-guilty verdicts are expunged automatically under § 15A-146(a4); the automatic process resumed July 1, 2024.
Expunction orders are entered by the superior and district courts and processed by the Administrative Office of the Courts and the State Bureau of Investigation.
What are North Carolina’s drug-testing rules?
The Controlled Substance Examination Regulation Act, N.C. Gen. Stat. § 95-230 through § 95-235, requires employers that test to use an approved laboratory, maintain chain of custody, and confirm any positive by gas chromatography-mass spectrometry or an equivalent method. Applicants may be screened on site with a single-use device, with a positive confirmed by an approved laboratory unless the applicant signs a written waiver.
The laboratory retains a portion of every confirmed-positive sample for at least 90 days for retest. The North Carolina Department of Labor administers the act, with penalties up to $250 per examinee, and North Carolina has no marijuana employment protection.
Are employment credit checks restricted in North Carolina?
No North Carolina statute restricts them. The federal FCRA applies: stand-alone disclosure, written authorization, pre-adverse action notice with a copy of the report and the Summary of Your Rights, and a final adverse-action notice, enforced by the Consumer Financial Protection Bureau and Federal Trade Commission.
A credit screen that is not job related raises a disparate-impact risk under Title VII, so limit them to positions with financial responsibility.
What is a North Carolina certificate of relief?
A court order under N.C. Gen. Stat. §§ 15A-173.1 to 15A-173.6 that relieves certain collateral consequences of a conviction. An employer that relied on the certificate when hiring is protected from negligent-hiring liability arising from the certified conviction.
Certificates are issued by the superior and district courts; ask the candidate for a copy and keep it with the file.
Did the EEOC rescission change what North Carolina employers must do?
Not in practice. The EEOC rescinded its 2012 arrest and conviction guidance on October 28, 2026, but Title VII, 42 U.S.C. § 2000e-2(k), still bars screening rules that work as a proxy for race or national origin.
Keep the individualized assessment and written job-related criteria; they come from the courts and remain the practical standard. The EEOC continues to enforce Title VII for employers with 15 or more employees.
Start Screening North Carolina Applicants Today
BCS Background Screening LLC delivers FCRA-compliant North Carolina county, federal, and driving record searches, with a quality review team that checks every record before it reaches your report.
Every user account also includes optional Multiple Authentication Factor (MAF) for added login security.
This page provides general information about North Carolina background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.