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Legislators in North Carolina passed a bill to shorten the amount of time residents must wait to have a single, non-violent misdemeanor expunged.

New Guidelines On Wait Times

North Carolina had an existing law that allowed residents to petition to have various types of non-violent criminal records expunged. Individuals who had a single eligible misdemeanor could not have the records expunged until 5 years had passed since the conviction occurred. In 2025, a new law was introduced to shorten the wait time.

That legislation called for some updates to North Carolina General Statute 15A-145.5. Specifically, it reduces the wait time from 5 to 3 years. This is applicable to people who have a single, non-violent misdemeanor and have not had another charge filed against them.

What Employers Should Know

People who studied the bill suggested that it could result in around 30,000 individuals being eligible to have records expunged earlier than they would have been otherwise. If they do, those records may not be considered by employers or other entities that make decisions about consumers. A person who has a record expunged may then act as if it never occurred.

Employers in North Carolina should be aware of this update to the state’s expunction process. Organizations throughout the country should further know that it is not permissible to consider expunged records when making any type of employment decision. One of the most reliable way to accomplish this is to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). CRAs must undergo a thorough audit and prove that they follow reasonable procedures to only provide current, reportable records before they may become accredited.

Why The Law Was Passed

Millions of Americans have criminal records, and many are for minor offenses that would not make them ineligible for most jobs. However, having any type of conviction can make it difficult for people to obtain employment, housing or other necessities. Throughout the United States, “second chance” laws are being passed to help those individuals rejoin society.

These laws are also expected to help employers. The concept is that they can offer businesses larger pool of eligible candidates so they can build strong, reliable workforces.

Running Employment Background Checks

There are second chance laws in place all throughout the nation. In each location, employers are still strongly encouraged to run comprehensive background checks. These reports help hiring managers make informed decisions and maintain safe workplaces. They show organizations if a potential employee, volunteer or contractor is properly qualified, has the employment or educational background that is required or if they have a relevant criminal record that might make them an undue risk for the business, staff or public.

If your organization needs employment background checks, please contact us. Our friendly, experienced staff can help you customize screening packages based on your specific needs, applicable laws and industry best practices. Based in California, we are available to assist you Monday through Friday from 5am to 6pm PT.