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North Carolina background check laws for employers
North Carolina has no ban-the-box, credit-check, or state consumer reporting law that adds steps for private employers beyond federal FCRA. Employers may not require applicants to disclose expunged records, and the Labor Commissioner can fine repeat violators. Nursing homes, home care agencies, and adult care homes must run criminal history checks after a conditional offer.
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Fair-chance hiring (criminal history)
- No North Carolina statute restricting when private employers may ask about criminal history was found in the Labor chapter (N.C.G.S. ch. 95).
- Employers may still ask about criminal charges or convictions that have not been expunged and are public record (N.C.G.S. § 15A-153(a)).
State consumer report rules
- No North Carolina statute adding employer disclosure or consent steps beyond federal FCRA was found (N.C.G.S. chs. 75, 95).
- A private company that sells criminal history records must delete a record within 10 business days of a notice to delete it (unless its state data license sets a different time) and may not disseminate it (N.C.G.S. § 15A-152(a)).
- State agencies must tell private companies that buy bulk criminal record data to delete expunged records (N.C.G.S. § 15A-150(d)).
How far back a report can go
- Employers may not require an applicant to disclose an expunged arrest, charge, or conviction, and may not knowingly ask about one they know was expunged (N.C.G.S. § 15A-153(c)).
- The Labor Commissioner issues a written warning for a first violation and may fine up to $500 for each later violation (N.C.G.S. § 15A-153(f)).
- No North Carolina law found that sets a 7-year reporting limit beyond federal FCRA.
Credit checks
- No North Carolina statute limiting employer use of credit reports was found in the Labor chapter (N.C.G.S. ch. 95).
Also good to know
- Nursing homes, home care agencies (for jobs entering patients' homes), and adult care homes must condition job offers on a criminal history record check and request it within 5 business days of the conditional offer (N.C.G.S. §§ 131E-265(a), 131D-40(a)).
Common questions
Can North Carolina employers run a background check?
North Carolina has no ban-the-box, credit-check, or state consumer reporting law that adds steps for private employers beyond federal FCRA. Employers may not require applicants to disclose expunged records, and the Labor Commissioner can fine repeat violators. Nursing homes, home care agencies, and adult care homes must run criminal history checks after a conditional offer.
Does North Carolina have a ban-the-box law for private employers?
No North Carolina statute restricting when private employers may ask about criminal history was found in the Labor chapter (N.C.G.S. ch. 95).
How far back does a background check go in North Carolina?
Employers may not require an applicant to disclose an expunged arrest, charge, or conviction, and may not knowingly ask about one they know was expunged (N.C.G.S. § 15A-153(c)).
Can North Carolina employers run credit checks on applicants?
No North Carolina statute limiting employer use of credit reports was found in the Labor chapter (N.C.G.S. ch. 95).
Some rules for North Carolina weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- N.C.G.S. § 15A-153 (official NC General Assembly)
- N.C.G.S. § 15A-152 (official NC General Assembly)
- N.C.G.S. § 15A-150 (official NC General Assembly)
- N.C.G.S. § 131E-265 (official NC General Assembly)
- N.C.G.S. § 131D-40 (official NC General Assembly)
- N.C.G.S. ch. 95 table of sections (official NC General Assembly)
- N.C.G.S. ch. 75 table of sections (official NC General Assembly)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.