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North Carolina Background Check Laws

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North Carolina Employment Screening Laws

Employee Background Checks and Drug Screening Trends White Paper

Employers that are either located in North Carolina or hiring North Carolina residents must abide by the Federal FCRA, and applicable North Carolina state employment laws.

This page was created to provide a simple explanation of what an end-user of a background screening report (also known as consumer report) can use in order to be in compliance with North Carolina state laws. This page also contains steps an end-user must take to stay in compliance with North Carolina state laws.

Please keep in mind that the EEOC must always be taken into consideration when a hiring decision is to be made. The EEOC has provided guidance on how employers can use criminal records during the hiring process. This regulation was issued on April 25, 2012. The EEOC requires employers to individually review each applicant or employee that may be disqualified due to a criminal record. This also follows the regulations set forth by the Americans with Disabilities Act (ADA). Additionally, the EEOC wants to undertake an adverse action process similar to that of the FCRA. They want to add a pre-adverse action process of their own. Although employers already have an adverse action process that is specific to information contained in consumer reports, the EEOC's adverse action process may be different.

The information that is provided on this page does not discuss requirements under the EEOC nor does it explain how to use criminal records that fall under the regulation of the EEOC. It is suggested that compliance with the EEOC be discussed with legal counsel.

For more detailed information on North Carolina state laws, please consult your legal counsel.

Employment Background Check Laws In North Carolina:

This state follows the regulations and standards for hiring policies as set forth by the Fair Credit Reporting Act. There are no additional state or local employment screening laws to consider. Please keep in mind that laws are always changing, and we recommend that you seek legal counsel for the most up-to-date legal information.

Fair Credit Reporting Act (FCRA):

The Fair Credit Reporting Act (FCRA) is a set of federal guidelines that helps regulate hiring practices. The FCRA was created to ensure privacy, accuracy, and fairness of consumer information. The FCRA accomplishes this by having a set standard for collecting, disseminating, and using consumer information.

Employers obtaining consumer reports for background screening purposes must follow specific procedures. For example, employers must disclose to the candidate what the background screening is, what information it includes, and how they intend to use it. They must obtain the written consent of the candidate before obtaining a background screening. They may not misuse the information contained in the background screening. There are also strict procedures an employer must follow should they decide not to hire a potential candidate based on the information in the background screening.

The purpose of the FCRA is to help protect employers, employees, and potential job candidates.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

No additional “Ban the Box” state or local laws to consider. Please keep in mind that laws are always changing, and we recommend that you seek legal counsel for the most up-to-date legal information.


Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Court Fees:

County: Court Fee: County: Court Fee: County: Court Fee:
Alamance $0.00 Alexander $0.00 Alleghany $0.00
Anson $0.00 Ashe $0.00 Avery $0.00
Beaufort $0.00 Bertie $0.00 Bladen $0.00
Brunswick $0.00 Buncombe $0.00 Burke $0.00
Cabarrus $0.00 Caldwell $0.00 Camden $0.00
Carteret $0.00 Caswell $0.00 Catawba $0.00
Chatham $0.00 Cherokee $0.00 Chowan $0.00
Clay $0.00 Cleveland $0.00 Columbus $0.00
Craven $0.00 Cumberland $0.00 Currituck $0.00
Dare $0.00 Davidson $0.00 Davie $0.00
Duplin $0.00 Durham $0.00 Edgecombe $0.00
federal civil $0.00 Forsyth $0.00 Franklin $0.00
Gaston $0.00 Gates $0.00 Graham $0.00
Granville $0.00 Greene $0.00 Guilford $0.00
Halifax $0.00 Harnett $0.00 Haywood $0.00
Henderson $0.00 Hertford $0.00 Hoke $0.00
Hyde $0.00 Iredell $0.00 Jackson $0.00
Johnston $0.00 Jones $0.00 Lee $0.00
Lenoir $0.00 Lincoln $0.00 Macon $0.00
Madison $0.00 Martin $0.00 Mcdowell $0.00
Mecklenburg $0.00 Mitchell $0.00 Montgomery $0.00
Moore $0.00 Nash $0.00 New Hanover $0.00
Northampton $0.00 Onslow $0.00 Orange $0.00
Pamlico $0.00 Pasquotank $0.00 Pender $0.00
Perquimans $0.00 Person $0.00 Pitt $0.00
Polk $0.00 Randolph $0.00 Richmond $0.00
Robeson $0.00 Rockingham $0.00 Rowan $0.00
Rutherford $0.00 Sampson $0.00 Scotland $0.00
Stanly $0.00 Stokes $0.00 Surry $0.00
Swain $0.00 Transylvania $0.00 Tyrrell $0.00
Union $0.00 Vance $0.00 Wake $0.00
Warren $0.00 Washington $0.00 Watauga $0.00
Wayne $0.00 West District $0.00 Wilkes $0.00
Wilson $0.00 Yadkin $0.00 Yancey $0.00

Summary of Rights:

North Carolina Consumers Have the Right to Obtain a Security Freeze

You have a right to place a "security freeze" on your credit report pursuant to North Carolina law. The security freeze will prohibit a consumer reporting agency from releasing any information in your credit report without your express authorization. A security freeze can be requested in writing by first-class mail, by telephone, or electronically. You also may request a freeze by visiting the following Web site:http://www.ncdoj.gov/consumer.aspx or calling the following telephone number: 1-877-5-NO-SCAM (1-877-566-7226). For General Consumer Complaints: please submit electronically or print the "Consumer Complaint" form in PDF and mail it in.

The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. However, you should be aware that using a security freeze to take control over who gains access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding new loans, credit, mortgage, insurance, rental housing, employment, investment, license, cellular phone, utilities, digital signature, Internet credit card transactions, or other services, including an extension of credit at point of sale.

The freeze will be placed within three business days if you request it by mail, or within 24 hours if you request it by telephone or electronically. When you place a security freeze on your credit report, within three business days,

you will be sent a personal identification number or a password to use when you want to remove the security freeze, temporarily lift it, or lift it with respect to a particular third party.

A freeze does not apply when you have an existing account relationship and a copy of your report is requested by your existing creditor or its agents or affiliates for certain types of account review, collection, fraud control, or similar activities.

You should plan ahead and lift a freeze if you are actively seeking credit or services as a security freeze may slow your applications, as mentioned above.

You can remove a freeze, temporarily lift a freeze, or lift a freeze with respect to a particular third party by contacting the consumer reporting agency and providing all of the following:

  1. Your personal identification number or password,
  2. Proper identification to verify your identity, and
  3. Proper information regarding the period of time you want your report available to users of the credit report, or the third party with respect to which you want to lift the freeze.

A consumer reporting agency that receives a request from you to temporarily lift a freeze or to lift a freeze with respect to a particular third party on a credit report shall comply with the request no later than three business days after receiving the request by mail and no later than 15 minutes after receiving a request by telephone or electronically. A consumer reporting agency may charge you up to three dollars ($3.00) to institute a freeze if your request is made by telephone or by mail. A consumer reporting agency may not charge you any amount to freeze, remove a freeze, temporarily lift a freeze, or lift a freeze with respect to a particular third party, if any of the following are true:

  1. Your request is made electronically.
  2. You are over the age of 62.
  3. You are the victim of identity theft and have submitted a copy of a valid investigative or incident report or complaint with a law enforcement agency about the unlawful use of your identifying information by another person, or you are the spouse of such a person.

You have a right to bring a civil action against someone who violates your rights under the credit reporting laws. The action can be brought against a consumer reporting agency or a user of your credit report.

Court Cases:

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

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