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As of December 1, 2017, North Carolina residents will be able to have certain types of criminal records expunged faster and easier than before.

An Expedited Process for Expungements

North Carolina Senate Bill 445 (SB 445) went into effect on December 1, 2017 to establish a faster method for first-time, non-violent offenders to have their criminal records expunged. The goal of this bill is to help residents find employment and rebuild their lives following an arrest or criminal conviction. In a statement about this bill, Governor Roy Cooper said, "We want North Carolinians who have corrected their mistakes to go on to live purposeful, productive lives."

Prior to the passing of SB 445, North Carolina residents had to wait 15 years to have non-violent offenses expunged from their record. This was a much longer wait time that most other states offered. SB 445 reduces the waiting period to 10 years for a first-time, non-violent felony and 5 years for a non-violent misdemeanor.

The process for filing an expungement request was also standardized by SB 445. This is intended to make the process easier for everyone. When a record has been expunged, it will not be available to the public. It will, however, still be available to prosecutors electronically.

Governor Cooper signed the bill in July, 2017. He stated that criminal justice should be about more than incarceration. It should also include restoration, meaning non-violent offenders who served their sentences should have the ability to return to the workforce and rebuild their lives.

Highlights of the Bill

There are several key points to this bill. They include allowances for first time offenders who were:

• Under 18 when convicted of a misdemeanor.
• Under 18 when convicted of certain gang-related offenses.
• Under 18 when convicted of a non-violent felony.
• Under 21 when convicted of certain drug or toxic vapor offenses.
• Convicted of certain non-violent misdemeanors or felonies (a Class A through G felony or a Class A1 misdemeanor), regardless of age.
• Convicted of certain acts of prostitution prior to October 1, 2013.
• Found not guilty of a misdemeanor or felony charge.
• Charged, but later had those charges dismissed or pardoned.

There are various terms and stipulations for each potential type of expungement. Read the full bill text here.

What North Carolina Employers Should Know

Criminal records that have been expunged cannot be considered by employers and should not be included on a background check report. Therefore, if a job applicant has a record that was expunged, an employer should not have access to that record. If, for any reason, an employer learns about an expunged conviction they should not use it as a determining factor on whether or not to hire the individual.

The best practice for employers is to work with a Consumer Reporting Agency that provides compliant background checks which can be used to help make informed business decisions. Otherwise, employers run the risk of screening people in a non-compliant manner. That can lead to lawsuits and other legal complications.

Backgrounds Online is a Consumer Reporting Agency that is accredited by the National Association of Professional Background Screeners. We are committed to providing authoritative background checks that only include accurate, reportable information. Our team keeps up with laws that affect our customers and we provide a variety of resources that help keep customers aware and compliant.

If you have questions about your screening process, compliancy or other crucial topics, contact our knowledgeable team for assistance.