There are a number of ways for employers to gather information on the background of an applicant for employment. Employers may simply call an applicant's former employer to confirm the applicant's dates of employment and title and to try to obtain a more detailed reference from a supervisor. However, many employers hire third parties to conduct background checks on applicants who have been offered employment. In addition, depending on the nature of the position, employers are requesting reports about an applicant's driving record, criminal record, or credit history.
There are often legal limits on employers’ obtaining and using this type of information. When employers hire a third party to conduct a background check or to obtain reports from outside agencies, such reports are subject to the federal Fair Credit Reporting Act (FCRA) and state laws. In North Carolina, employers must comply with laws concerning criminal background checks and driver's record information.
Ban the box. North Carolina does not currently have ban the box legislation. However, several municipalities and county governments in North Carolina have banned the box by ordinance or policy in connection with their own hiring practices, including the counties of Buncombe, Cumberland, Durham, Mecklenburg, and Wake, as well as the cities of Asheville, Carrboro, Charlotte, Durham, and Spring Lake.
Certificate of relief. State law allows individuals who have been convicted of certain crimes to petition a state court for a Certificate of Relief that relieves some “collateral consequences” of a conviction (NC Gen. Stat. Sec. 15A-173.2). An employer’s reliance on a certificate of relief is a bar to a negligent hiring claim brought ...