North Carolina

COUNTY LAWS

ASHEVILLE, NC – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the City of Asheville, NC.

Timing of inquiry: Public sector employers for the city of Asheville, NC, may not inquire into criminal history during the initial job application process.

Adverse action implications: None

(Search for Resolution 16-29 and click “Minutes 2016-Jan-26.pdf”)

BUNCOMBE COUNTY, NC – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Buncombe County, NC.

Timing of inquiry: Public sector employers for Buncombe County, NC may not inquire into criminal history on the job application.

Adverse action implications: None

CARRBORO, NC – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the Town of Carrboro, NC.

Timing of inquiry: Public sector employers for the Town of Carrboro may not inquire into criminal history on the job application.

Adverse action implications:

• Individualized assessment. This jurisdiction requires an individualized assessment prior to taking final adverse action.

CHARLOTTE, NC – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employees for the city of Charlotte, NC.

Timing of inquiry: Public sector employers for the city of Charlotte may not inquire into criminal history on the job application.

Adverse action implications:

Individualized assessment. This location requires an individualized assessment prior to final adverse action.

CUMBERLAND COUNTY, NC – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Cumberland County, NC.

Timing of inquiry: Public sector employers for Cumberland county may not inquire into criminal history on job applications.

Adverse action implications: None

DURHAM COUNTY, NC – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Durham County, NC.

Timing of inquiry: Public sector employers for Durham County, NC, may only inquire into criminal history after the candidate is deemed “otherwise qualified” and has been recommended for hire.

Adverse action implications:

Individualized assessment. This jurisdiction requires an individualized assessment prior to taking final adverse action.

Pre-adverse action. The pre-adverse action notice must state the deadline by which the applicant can submit proof that the report is erroneous or evidence of their rehabilitation or other information.

Waiting period. You must afford the applicant 7 calendar days from the date the pre-adverse action notice is mailed to contest the accuracy of the report, provide mitigating information or evidence of rehabilitation, etc.

DURHAM, NC – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the City of Durham, NC.

Timing of inquiry: Public sector employers for the City of Durham, NC, may only inquire into criminal history after making a conditional offer.

Adverse action implications: None

FORSYTH COUNTY, NC – PUBLIC SECTOR

Who must follow: This ban-the-box law applies if you are a public sector county employer for Forsyth County, NC.

Timingof inquiry: County employers may not inquire into criminal history on the job application

MECKLENBURG COUNTY, NC – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Mecklenburg County, NC.

Timing of inquiry: Public sector employers for Mecklenburg County may not inquire into criminal history on the job application.

Adverse action implications: None

NEW BERN, NC – PUBLIC SECTOR – CITY JOBS

Who must follow: This ban-the-box law applies only to public sector city employers in New Bern, North Carolina.

Timing of inquiry: Public sector city employers may not inquire into a candidate’s criminal history until after a conditional offer of employment is made. Exceptions apply for unique positions that require extensive criminal background checks.

Necessity: Public sector city employers may only conduct background checks for jobs where a criminal background check is deemed necessary to protect the health, safety, or welfare of the public, or to protect the city from conduct which might be detrimental to the city and its property.

Adverse action implications:

• Individualized assessment. Prior to taking final adverse action, public sector city employers must conduct an individualized assessment, considering the length of time since the offense occurred and other relevant factors.
• The candidate must have the opportunity to submit information regarding any inaccuracies in the background check report and to present evidence of rehabilitation.

SPRING LAKE, NC – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the Town of Spring Lake, NC.

Timing of inquiry: Public sector employers for the town of Spring Lake may only inquire into criminal history after an interview.

Adverse action implications:

• Individualized assessment. This location requires an individualized assessment prior to final adverse action.

WAKE COUNTY, NC – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Wake County, NC.

Timing of inquiry: Public sector employers for Wake County may only inquire into criminal history after the applicant has been recommended for hire.

Adverse action implications:

• Individualized assessment. This location requires an individualized assessment be performed prior to final adverse action.