North Carolina's new law on inquiries about expunged records

newly amended statute prohibits any inquiry that results in revealing an “expunged” arrest, charge or conviction. Although few employers ever expressly ask about expunged records, the concern is now much broader – employers must also not seek or ask about criminal histories in a manner that results in the disclosure of any expunged information. “North Carolina employers should consider revising their applications for employment, as well as their background check processes or anything else that might reasonably be interpreted as leading to the disclosure of expunged records,” according to Constangy, Brooks & Smith LLP. This is another step in ensuring criminals are given a second chance in becoming productive member’s of society, but at what cost? At what risk to businesses and employers? With a “ban the box” movement currently spreading across the country, time will soon tell as to the repercussions of this type of change in the employment process. If you have a question about the new expunction law, or about conducting criminal background checks or using criminal record information in general, please get in touch with our team for further information.]]>