North Carolina has no general law regulating consideration of criminal records in employment, including any limits on application-stage inquiries. A Certificate of Relief lifts most mandatory employment and licensing bars, and it may be “considered favorably” by employers and licensing agencies. By executive order, state agencies are barred from inquiring about criminal record prior to the first interview, may not consider certain non-conviction records, and may consider only criminal record that is “demonstrably job-related and consistent with business necessity associated with the position.”
Applicants for licensure may not be rejected based on a conviction unless it 1) is “directly related” to the duties and responsibility of the occupation; or 2) stems from a violent or sex crime. In determining the relationship of the crime to the occupation, agencies must consider specified factors, including whether an individual has a Certificate of Relief. The agency must provide reasons for denial and an opportunity to appeal. Individuals may apply to a licensing entity for a “predetermination” as to whether their history will “likely” disqualify them from obtaining a license, and a favorable decision is binding on the licensing board. Agencies required to report to legislature on licenses granted and denied to people with a criminal record.
