How Far Back Does a Background Check Go in North Carolina?

Michelle Wilson - July 28, 2023

Whether looking for a job or trying to understand the background check process better, knowing the critical information included in screening is imperative. An employer may ask the individual for a pre-employment screening, which often verifies basic details about your application and resume. Currently, North Carolina doesn’t impose any restrictions of the background check, allowing all information from the individual’s history to appear in the report.

An employer must comply with federal and North Carolina state laws when running a background check. A background check is the easiest method of confirming your information is complete, accurate, and cohesive with your resume.

How Far Back Does a Background Check Go in North Carolina?

Although many states will impose a seven-year limitation on background check referencing, North Carolina doesn’t force these conditions. As such, background check records can include an individual criminal history as long as they exist. The background screening will also include a history of employment, credit report, social media accounts, and more. None of these areas follow a statute of limitations.

What Information Appears on a North Carolina Background Check?

Most information appearing on a background check is standard, although specific industries and needs may require different categories of data. Typically, a background check will include the following sections for your consideration:

Personal Identity Information

Personal identity will include all social security verification, name, address, and personal contact details for the applicant. An NC background check will verify that all applicants are legally entitled to work in the state. Personal information will also include an electronic form l9 to confirm an applicant’s eligibility.

Work and Professional History

All background screening will include the professional history and credentials of an applicant. Details will include previous employers, employment dates, hired positions, and any critical educational certifications needed.

Education History

These details will include the post-secondary schools, degrees, or certifications achieved. All background checks, including education, should include the degree title and year received.

Criminal History

Most background checks will include a comprehensive criminal section with state and nationwide results. These records will often include criminal convictions, felonies, sex offender registry, and occasionally arrests that did not result in a charge. Always ensure the information you use directly relates to the job instead of holding a catch-all policy against criminal history.

Social Media Profiles

A few background check companies will include a comprehensive social media profile of the applicant you’re considering. This information will include any relevant social media platforms, online account status (according to email or phone number), dating profiles, and similar outlets.

Credit Screening

Many professional background check companies will include a complete financial credit report with their background check. This information will contain an applicant’s open credit products, balances, delinquencies, and court judgments. While these details are often overlooked during the hiring process, anyone working within the financial sector will need close evaluation before accessing large accounts. 

Prohibited Information in Background Checks for Hiring Decisions

Understanding what the background check includes is only a small part of the hiring process. Understanding what you may not collect or use in your hiring decision is equally important.

Expunged Criminal History

North Carolina law bans any employer requesting information about an individual’s expunged criminal history, including charges, arrests, and convictions. Likewise, a potential employee doesn’t have to disclose any expunged criminal record during the pre-employment screening.

Sealed Juvenile Records

The courts seal any criminal offense committed by a minor. These details include any information relating to the charges, outcome, sentencing, or other components. The law prohibits employers from accessing these details for hiring purposes.

Will Pending Criminal Charges Show Up on Background Checks in North Carolina?

An NC background check will include pending criminal charges unless the incident falls within the other two conditions outlined above. Employers can consider the pending criminal charges when hiring, assuming the decision falls within the EEOC restrictions.

Current Laws and Regulations on Background Checks

North Carolina dictates that certain employers are mandated to perform a background check under state law. Anyone running child and health care services, substance abuse treatment providers, mental health providers, and businesses that serve disabled individuals must perform a background check on potential hires.

All applicants are currently prohibited from conducting criminal history checks on potential applicants for any state job until passing the initial interview. This order effectively offers all individuals seeking employment a fair chance unless the information is relevant to the position in question. Executive Order 158 requires state agencies to remove any questions of criminal history from all applications and prohibit any questioning of criminal records during the initial application process.

Guidelines for Executive Order 158

The Executive Order also prohibits state agencies from reviewing expunged or pardoned records, charges which fail to relate to the available position, and charges that didn’t result in a conviction. Any background check performed before the initial interview must allow applicants the opportunity to explain any relevant information surrounding convictions. Although the current order only applies to state agencies, many employers anticipate similar regulations for private companies soon.

Understanding North Carolina Background Check Laws

As a business, it’s crucial to comply with local, state, and federal regulations. Any mandatory conditions ensure that employers running background screening will avoid penalties, fines, litigation, and other expensive interruptions to the hiring process.

Currently, the Federal Trade Commission monitors all Fair Credit Reporting Act (FCRA) enforcement. This act monitors how an employer can access the personal information of a potential job applicant. Every employer is required to receive written consent from an applicant before a check begins. All applicants will be allowed to review and correct any negative information on their report. Additionally, any criminal information used to disqualify an applicant must directly relate to the position.

How to Acquire a Background Check in North Carolina

Conducting a background check on an individual can be quite elaborate and involved, depending on the information you’re trying to acquire. Performing individual credit, criminal, social media, and verification procedures can be cost-prohibitive and time-consuming. Thankfully, online background checks are available. These services will run all databases, including the criminal sector, compiling all information into an easy-to-read report. Once the individual’s verification is confirmed, many background checks are available instantly. 

Conclusion

Background checks are an informative and comprehensive report about a specific individual. These documents help verify an individual’s identity and can ensure someone’s qualifications and information is accurate. While there is no limitation on how far back a background check can go, most reports will ensure only relevant history is included during the reporting process. When ordering a background check, understand the regulations and limitations of the report, including verification of the account. Using a reliable background check company will ensure all information reporting is accurate and inclusive.