Worrying about your past is a common feeling, especially when you are trying to build a better future. If you have a criminal record, you might be concerned about how it could affect job applications in NC. It’s a valid concern, but having a record doesn't automatically close the door on your career goals. North Carolina has specific laws about background checks and what employers can ask, and there may be paths forward to clear your name.
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Key Takeaways about How a Criminal Record Affects Job Applications in North Carolina
- A criminal record in North Carolina can present challenges for job seekers, but state laws provide certain protections.
- The North Carolina Fair Chance Act, or "Ban the Box," applies to public sector employment, delaying when a state agency can ask about a criminal history.
- Employers can see details of convictions, pending charges, and sometimes dismissals on a background check, but there are limits.
- Expungement is a legal process that can clear certain arrests and convictions from a person's record, making it as if they never happened.
- The type of conviction, such as a misdemeanor versus a felony, often influences an employer's decision.
- Individuals have specific rights under the Fair Credit Reporting Act regarding the use of background checks in employment decisions.
What North Carolina Employers Can See on a Background Check
When you apply for a job, especially for larger companies, you will likely be asked to consent to a background check. This gives the potential employer a look into your past. While it can feel invasive, knowing what they are looking for can help you prepare.
In North Carolina, a standard employment background check can reveal a significant amount of information. Employers are generally looking for red flags that suggest a candidate might not be a good fit for a particular role.
Here is what typically appears:
- Criminal Convictions: This includes both felony and misdemeanor convictions. The report will usually show the type of offense, the date of the conviction, and the sentence.
- Pending Criminal Cases: If you have been charged with a crime and the case is still open, it will likely show up.
- Dismissed Charges or Acquittals: In some cases, even charges that were dismissed or resulted in a "not guilty" verdict can appear on certain types of background checks, though there are rules about how an employer can use this information.
It’s important to remember that this information gives an employer a chance to assess your history, but it does not tell the whole story about who you are today.
Understanding North Carolina's "Ban the Box" Law
You may have heard of a "Ban the Box" law. This refers to policies that require employers to remove the question about conviction history from initial job applications. The goal is to give applicants a fair chance to be judged on their qualifications first.
In North Carolina, the North Carolina Fair Chance Act applies to public employment—that means jobs with state agencies. Under this law, a state employer cannot ask about your criminal history on the initial application. They can only ask about it after making an initial offer of employment. This allows you to present your skills and experience first, without being immediately disqualified because of a past mistake.
This law does not apply to private companies, but many have voluntarily adopted similar policies. It also doesn't apply to positions where a background check is required by law, such as jobs working with children or in law enforcement.
The Impact of Different Types of Convictions
Not all criminal records are viewed in the same way. Employers often consider the nature of the conviction and how it relates to the job you're applying for. Whether you're seeking a job at the Port of Morehead City or in the tourism industry in Atlantic Beach, the context of your record matters.
- Misdemeanors vs. Felonies: A felony, which is a more serious crime, is generally seen as a bigger concern than a misdemeanor. However, the specifics are important. A misdemeanor traffic offense is very different from a misdemeanor assault charge.
- Nature of the Offense: An employer hiring a cashier will likely be more concerned about a theft conviction than a DWI. Conversely, a company hiring a driver would look very closely at a history of traffic offenses or a conviction for Boating While Impaired (BWI), especially in a coastal community like ours.
- Time Since Conviction: A conviction from ten years ago is often viewed less seriously than one from last year. Employers may see an older offense as a past mistake, especially if you have had a clean record since.
Being prepared to discuss your record honestly, if asked, and to explain what you have learned from the experience can make a significant difference.
Clearing Your Record Through Expungement in NC
One of the most powerful tools for moving past a criminal record is expungement. Expungement is a legal process where a past criminal charge or conviction is essentially erased from your public record. According to North Carolina law, once a record is expunged, you are not required to disclose it on a job application. It is treated as if it never occurred.
Not everyone is eligible for an expungement, but the law has expanded in recent years. You might be eligible if:
- Your charge was dismissed or you were found not guilty.
- You have certain non-violent misdemeanor or low-level felony convictions and have remained crime-free for a specific period (typically 5 or 10 years).
- You were convicted of certain offenses as a minor.
The rules for expungement can be complex, and the process requires filing a petition with the court. Exploring this option can be a game-changer, opening up new career opportunities and allowing you to start fresh.
Criminal Records and Job Applications FAQs
Here are answers to some common questions people have about how a criminal record affects job applications in NC.
Do I have to disclose an expunged record on a job application?
No. Under North Carolina law, once a conviction is expunged, you may truthfully state on an application that you have not been convicted of that crime. It is legally sealed from public view.
What if a job application asks about arrests that didn't lead to a conviction?
In North Carolina, employers are generally not supposed to ask about arrests that did not result in a conviction. If your charges were dismissed, you should be able to answer that you were not convicted of a crime.
Can an employer refuse to hire me only because of my criminal record?
Yes, in many cases, a private employer can choose not to hire someone based on their criminal history. However, the Equal Employment Opportunity Commission (EEOC) advises that employers should consider the nature of the crime, how long ago it occurred, and its relevance to the job. Denying employment based on a record that is not relevant to the job could be seen as discriminatory.
Are there certain jobs I am automatically disqualified from with a felony in NC?
Yes. Certain professions, particularly those requiring a state license (like teaching, nursing, or law enforcement) or those involving work with vulnerable populations (like children or the elderly), may have laws that automatically disqualify individuals with specific felony convictions.
How far back do background checks go in North Carolina?
There is no statewide limit in North Carolina for how far back a criminal background check can go for convictions. A conviction will remain on your record indefinitely unless it is expunged. However, the Fair Credit Reporting Act (FCRA) does place a seven-year limit on reporting arrests that did not lead to a conviction.
Take Control of Your Future
Dealing with the consequences of a past criminal charge can be difficult. At Cummings & Kennedy Law Firm PLLC, we believe everyone deserves a strong defense and a fair chance at a bright future. As a former prosecutor, Attorney Joe Kennedy understands the system from both sides and uses that knowledge to fight for clients throughout Carteret County.
If you are facing new charges or want to explore clearing an old record through expungement, our team is here to help. We are dedicated to protecting your rights and helping you move forward. Contact Cummings & Kennedy Law Firm PLLC today for a confidential consultation to discuss your situation.