Pre-employment background checks give employers a thorough understanding of an applicant’s criminal history, enabling them to make informed hiring decisions. It is not enough to check references and look up a candidate online to avoid hiring pitfalls like liability for hiring negligence. This guide on North Carolina background check activities will assist you avoid such from happening.
You have the right to ask for public records kept by the state of North Carolina whether you reside in Raleigh or New York City. Although the state has an open policy, it is crucial to comprehend the system if you want to request any kind of documents.
Any kind of record can be challenging, as one might anticipate. Records are kept by various organizations. Some need a request form, while others can be found online. The world of public records maintained by the state requires some guidance.
The Freedom of Information Act (FOIA) gives those who need access to records the right to do so. Before requesting any documents, it is important to be aware of the state’s legal requirements because each state has its own procedures.
North Carolina Background Check Laws
In order to avoid fines, penalties, litigation, and expensive hiring process delays, you should make sure that all local, state, and federal laws and regulations that apply to NC employers conducting employee screening are followed.
It can be challenging to navigate the interplay of federal, state, and local requirements for employee background checks, and you must exercise constant diligence to make sure you are aware of the latest updates.
Federal Laws and Regulations on Background Checks
The Fair Credit Reporting Act (FCRA), which governs how employers can access a job applicant’s personal information, is enforced by the Federal Trade Commission (FTC).
According to the FCRA, you must get the candidate’s permission before running a check on them. Additionally, you must give the applicant a chance to review and perhaps correct any inaccurate information that appears on the report.
The Civil Rights Act of 1964’s Title VII is enforced under the direction of the Equal Employment Opportunity Commission (EEOC). If you exclude a candidate from consideration based on information from their criminal history, you must evaluate each incident specifically to make sure it is pertinent to the position.
Information from a North Carolina Background Check
Various categories of information on a candidate may be included in an NC background check, as described in more detail below, depending on the sector and particular requirements of your business.
Professional and Work History
Verify a candidate’s professional experience and credentials by confirming their prior employers, employment dates, and job titles.
Identifying Details
An NC background check can confirm a candidate’s identity using basic identifying information they provide, which is essential to guaranteeing the accuracy of all the data gathered on the candidate.
Employment Qualifications
Using a North Carolina background check to complete an electronic form I9 to confirm an applicant’s employment eligibility will show whether they are authorized to work in the United States.
Criminal Record Details
A thorough NC background check on a job applicant will include looking up the candidate’s criminal history in North Carolina’s counties and state.
This includes any criminal records kept by specific NC counties or municipalities, as well as any other states the candidate has lived in.
Background Checks in North Carolina
The complete database of accusations and convictions brought by state, county, and local law enforcement agencies in North Carolina is available in the North Carolina Court System.
Information on people who were given prison or probation sentences or who are on parole can be found on the Adult Correction website.
A fingerprint-based NC criminal history background check is offered by the State Bureau of Investigation. Your “Right to Review” your North Carolina record is another name for this. The processing fee is $14.
The Federal Bureau of Investigation offers a national criminal history background check based on fingerprints. Your “Identity History Summary Check” is what this is. There is a processing charge of $18.
You can contact the county clerk’s office in your area for local information.
Third-Party Vendors Background Check for Yourself or Others
Unofficial background checks may be carried out by third-party businesses that will sell you information. Each business has its own set fees. Companies that regularly obtain information from the N.C. Administrative Office of the Courts (NCAOC) in accordance with a licensing agreement are listed on the NCAOC website.
The data in the databases of the clerks of court are accurately reflected in the records that the NCAOC provides to the businesses, but the NCAOC is unable to guarantee that the data the businesses provide to their customers is accurate or up-to-date. Check out the list of businesses.
Certified Background Check (Single County) by Clerk of Superior Court Office for You or Others
Through the clerk of superior court office at the courthouse, you can request a certified criminal record search by name for yourself or others in a single county. Note that this search only examines the county’s court records. Not all state records are being searched.
Complete Form AOC-CR-314, print it out, and mail it along with a $25 filing fee to the clerk’s office: Certified checks or money orders are accepted (personal checks are not accepted)
Cash, credit cards, money orders, and certified checks are all accepted in person.
With these tips on North Carolina background check processes, you stand a better chance of locating more information on anyone in the state. They cover on the places to search from, the laws to observe and the information to expect from a background lookup.