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Pre-employment background checks play a crucial role in the hiring process for North Carolina employers. These checks enable employers to make better-informed decisions by verifying various aspects of a candidate’s background, including their criminal record, employment history, driving record, and other pertinent details. However, it’s imperative for employers to adhere to federal, state, and local laws during these screenings to minimize the potential for expensive legal violations.
This guide will delve into the specifics of what comprises a North Carolina background check, the process involved in conducting one, and the relevant federal, state, and local laws that may govern it.
A North Carolina background check involves searching through public records, databases, and other sources to collect and validate information about a job candidate, volunteer, or contractor. These checks assist employers in assessing a candidate’s qualifications and suitability for a particular role. Depending on the depth of the investigation, a background check may encompass inquiries into a candidate’s criminal history, employment track record, educational credentials, driving records, credit background, and more.
Furthermore, employers utilize background checks to enhance workplace and public safety while mitigating organizational risks. Certain employers may have obligations under federal, state, local, or industry regulations to conduct background checks on potential hires. For instance, in North Carolina, childcare workers are mandated to undergo a background check before commencing employment and every five years thereafter. Additionally, North Carolina employers offering substance abuse, mental health, or disability services are obligated to conduct pre-employment background checks on prospective candidates.
What Shows Up On a North Carolina Background Check?
The information displayed on an employment background check in North Carolina can vary depending on the specific screenings employed. Here are some common checks utilized by employers to verify information about candidates:
- North Carolina criminal background check: This check delves into a candidate’s criminal history, encompassing misdemeanor and felony convictions, arrest records, and pending criminal charges.
- Employment verification: This verification process validates a candidate’s previous employers, positions held, and employment durations.
- Education verification: This confirms a candidate’s academic enrollment, attendance dates, and earned degrees.
- Motor Vehicle Records (MVR) checks: These checks ascertain the status of a candidate’s license and reveal any moving violations, accidents, or DUIs on their driving record.
- Credit checks: These reviews examine a candidate’s credit history, including accounts in collection and bankruptcies.
- Civil court records: This search uncovers any history of lawsuits, judgments, liens, and similar civil records.
- Drug testing: This screening assesses a candidate’s use of controlled substances, including prescription and illicit drugs.
DO PENDING CHARGES SHOW ON AN NC BACKGROUND CHECK?
As for pending charges showing on a background check in NC, their inclusion depends on the type of searches conducted. Pending charges are typically part of a person’s criminal record. Therefore, if an employer conducts a criminal background check, pending charges could indeed appear on that report.
How Long Does a Background Check Take in North Carolina?
The turnaround times for a North Carolina background check can vary significantly, ranging from a few minutes to several weeks. Several factors influence this variation, including the extent of the search, the location of the records, the type of records being sought, and whether the process is managed independently or through a background check provider, such as Rapid Hire Solutions.
Certain records may be readily accessible online, allowing for quick retrieval within minutes. Conversely, other screenings, like drug tests, might necessitate advanced scheduling and on-site visits.
When conducting searches internally, involving your hiring team to contact past employers and educational institutions, and engaging in communication with candidates, the turnaround time for a background check may be extended, particularly if manual processes introduce human error.
Collaborating with a consumer reporting agency (CRA) can expedite the process. Rapid Hire Solutions utilizes advanced background check technology, incorporating machine learning to swiftly gather and organize information into easily understandable, comprehensive reports. Automated workflows streamline data collection, reducing the need for manual labor from your team. This efficient approach ensures more accurate reports and facilitates faster hiring, regardless of scale.
How to Get a Background Check in NC
Employers conducting North Carolina background checks have the option to task their human resources team with the searches or collaborate with a trusted Consumer Reporting Agency (CRA). If managed internally, HR teams may need to initiate individual screenings from relevant agencies or providers, coordinate scheduling for in-person visits (such as drug tests), and oversee follow-up communication.
Certain types of North Carolina background checks can be ordered online. For instance, NC state court records are accessible at any county clerk of court’s office, though records from other states won’t be available. Qualified organizations can obtain fingerprint-based criminal background checks, including a national criminal records search, from the North Carolina State Bureau of Investigation (NCSBI), but only if authorized by federal, state, or local law.
Furthermore, MVR records can be requested from the North Carolina Department of Motor Vehicles through online platforms, mail, or in-person visits to the Vehicle Registration Office. However, acquiring a written, notarized statement from the candidate granting permission to receive a copy is mandatory.
For verification of a candidate’s work history or educational background, contacting each employer and educational institution separately is necessary.
While conducting background checks independently is possible, it can be time-consuming for the hiring team and may elevate the risk of reporting errors. Therefore, many employers opt to partner with a CRA instead. Providers like Rapid Hire Solutions streamline the background check process by serving as a single point of contact for each required screening. Additionally, built-in compliance workflows simplify risk mitigation and legal adherence for the team, potentially reducing the likelihood of costly violations.
How Much Does an NC Background Check Cost?
The cost of an NC state background check varies depending on factors such as the extent of the search, the entity conducting it, and the volume of searches required. Ordering a fingerprint-based North Carolina criminal history report directly from the NCSBI incurs a processing fee of $14, while a federal criminal record check conducted by the Federal Bureau of Investigation (FBI) costs $18. Additionally, requesting a certified driving record from the North Carolina DMV comes with a fee of $15.
Opting to collaborate with a reputable CRA like Rapid Hire Solutions may offer a more cost-effective solution, with customizable packages tailored to suit the specific type and volume of screenings needed. Moreover, integrating Rapid Hire Solutions background checks with your existing tech stack through our 100+ ATS integrations streamlines processes, reducing the time spent managing multiple applications and workflows. Employers often discover that partnering with a background check provider minimizes manual work for their team and enhances reporting accuracy, resulting in cost savings and a superior return on investment for background checks.
How Much Does A Background Check Cost In New York?
The cost of a New York background check varies depending on the entity conducting the screening and the specific types of reports requested. Some employers may solely require criminal records checks, while others may necessitate additional screenings such as driving record checks, drug testing, and more. When partnering with a CRA like Rapid Hire Solutions, pricing is determined by the number of background checks required, the types of reports needed, and the frequency of screening.
Rapid Hire Solutions, a trusted provider in the industry, offers customizable packages starting at $29.99. These packages are tailored to accommodate varying needs, making them particularly cost-effective for employers conducting screenings on a large scale. Additionally, partnering with Rapid Hire Solutions streamlines the process, eliminating the need to order reports individually and saving valuable time for employers.
How Far Back Do Background Checks Go in North Carolina?
The lookback period for North Carolina background checks varies depending on the type of check conducted and whether employers are collaborating with a background check service.
When employers partner with a Consumer Reporting Agency (CRA), they are bound by the federal Fair Credit Reporting Act (FCRA) regulations. According to the FCRA, the reporting period for bankruptcies is 10 years. However, for other records like civil suits, civil judgments, paid tax liens, collection accounts, and arrest records without convictions, the reporting is limited to seven years. It’s worth noting that this seven-year limit may not apply to positions offering a salary of $75,000 or higher.
While some states impose restrictions on the reporting of criminal records, North Carolina does not have a specific seven-year background check law. In the state, felony and misdemeanor convictions can be reported indefinitely. Furthermore, there is no restriction on the lookback period for education and professional verifications.
North Carolina Background Check Laws
Employers in North Carolina must adhere to all relevant background check regulations, including the state’s Ban the Box law where applicable, along with other federal, state, and local fair hiring laws. These regulations aim to safeguard candidates from discrimination in the hiring process based on information uncovered during criminal background checks. To mitigate potential liability, employers may opt to comply with the most stringent laws, ensuring comprehensive adherence.
NORTH CAROLINA BAN THE BOX LAW
Executive Order 158, also referred to as North Carolina’s Ban the Box law, pertains to criminal record checks for state employees within the governor’s jurisdiction. This directive prohibits North Carolina government agencies from inquiring about a candidate’s criminal history on employment applications or before the completion of the initial job interview. Additionally, agencies may not consider expunged or pardoned convictions, charges or convictions irrelevant to the position, dismissed or not-guilty charges, or arrests that didn’t result in a conviction. If an agency chooses not to offer employment based on a candidate’s criminal record, the conviction must be pertinent to the job.
In cases where a candidate has a criminal record, government agencies must afford the opportunity for the candidate to explain the circumstances of the conviction and demonstrate evidence of rehabilitation. While North Carolina’s Ban the Box law isn’t mandated for all businesses, the order encourages both public and private organizations to adopt similar procedures.
However, the executive order does not apply to positions where a criminal conviction would automatically disqualify a candidate from being hired.
FAIR CREDIT REPORTING ACT (FCRA)
Employers collaborating with a Consumer Reporting Agency (CRA) are obligated to comply with FCRA provisions. This federal law mandates employers to provide written disclosure of their intention to conduct a background check and obtain written consent from candidates before commencing the process. Additionally, if an employer opts not to extend a job offer based on information revealed in a pre-employment screening, they are required to furnish candidates with a summary of their rights and adhere to the adverse action process.
County Resources
For employers conducting pre-employment screenings in Cumberland County, North Carolina, the following information regarding public records availability and local ban-the-box laws may be pertinent:
CUMBERLAND COUNTY
Situated in the Coast Plain region of North Carolina, Cumberland County boasts a population of 336,699, making it the state’s fifth most populous county. Notably, the Fort Bragg army base lies to the west of the county seat, Fayetteville. Cumberland County is renowned for its numerous battlefields and historic landmarks, including Fayetteville’s Museum of the Cape Fear, the Airborne and Special Operations Museum, and the Fayetteville Museum of Art. The county’s agricultural sector contributes to its economy, producing a variety of crops such as corn, cotton, peanuts, soybeans, and tobacco.
Public Information & Records
A Ban the Box law applies to positions within the county government.
FORSYTH COUNTY
Forsyth County, situated in the Piedmont region of North Carolina, boasts a population of 267,237. Named after state legislator Col. Benjamin Forsyth, the county is home to major corporations such as R.J. Reynolds and Krispy Kreme Doughnuts, as well as several esteemed colleges and universities including Salem College, Wake Forest University, and Winston-Salem State University. Forsyth County is renowned as a hub for arts and cultural events in North Carolina.
Public Information & Records
A Ban the Box law applies to positions within the county government.
MECKLENBURG COUNTY
Mecklenburg County, housing the largest city in the state, Charlotte, boasts a population of 1,145,392. Located in the Piedmont region, Mecklenburg is renowned for its vibrant performing arts venues, art museums, and institutions of higher education. Moreover, it stands as the second-largest financial center in the United States, hosting major corporations such as Wells Fargo, Bank of America, and Metlife.
Public Information & Records
A Ban the Box law applies to positions within the county government.
WAKE COUNTY
Wake County, housing a population of 1,175,021, features a blend of urban and suburban communities. Notably, the county is home to North Carolina State University, the state’s largest four-year college, along with numerous other public and private educational institutions. Moreover, Wake County hosts the 7,000-acre Research Triangle Park, initially established to revitalize the economy. Today, the park accommodates over 60,000 employees from 375 companies spanning diverse industries.
Public Information & Records
A ban-the-box law applies to positions within the county government.
Get A North Carolina Background Check With Rapid Hire Solutions
A North Carolina background check is essential for employers aiming to uphold a safe working environment and mitigate organizational risks. By collaborating with a reputable background check provider like Rapid Hire Solutions, the process becomes more streamlined. Our user-friendly platform saves valuable time through automated workflows, simplifying employment background screenings and ensuring compliance from initiation to completion. Additionally, our FCRA-trained support team is readily available to assist you throughout the entire process.
Rapid Hire Solutions offers customizable screening packages tailored specifically for North Carolina employers. These packages enable you to create personalized background check solutions for every position, regardless of scale. Start today with our swift and accurate background checks, delivering results you can rely on.
DISCLAIMER
The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws