Hiring the right people is crucial for any business, and conducting thorough background checks is a vital part of that process. In North Carolina, accessing criminal records is a key component of a comprehensive background check, helping employers make informed hiring decisions and maintain a safe and productive work environment. This guide will walk you through the process of conducting a North Carolina criminal records search and explain how it can help protect your employees and your business.
What Information Can a North Carolina Criminal Records Search Reveal?
A North Carolina criminal records search can uncover a wealth of information about a potential employee's past, including:
- Felonies: Serious crimes such as assault, robbery, fraud, and drug trafficking.
- Misdemeanors: Less serious crimes, but still relevant depending on the job and potential risks. Examples include shoplifting, vandalism, and driving under the influence (DUI).
- Arrests: While an arrest doesn't necessarily mean a conviction, it indicates that an individual was suspected of criminal activity.
- Convictions: A formal finding of guilt in a criminal case.
- Sentencing Information: Details about any sentences imposed, including probation, incarceration, and fines.
The depth and breadth of information available can vary depending on the source and the specific search conducted. Some records may be sealed or expunged, meaning they are not publicly accessible.
How to Conduct a North Carolina Criminal Records Search
There's no single, centralized database for North Carolina criminal records. Accessing these records often requires searching multiple sources, which can be time-consuming and complex. Common sources include:
- North Carolina Department of Public Safety: This agency maintains a repository of criminal records, though access may be restricted depending on the type of record and the purpose of the search.
- County Sheriff's Offices: Each county in North Carolina maintains its own criminal records. You'll need to contact the relevant sheriff's office for information specific to that jurisdiction.
- North Carolina State Bureau of Investigation (SBI): The SBI is involved in investigations and maintains certain criminal records. Access to their records may be limited.
- Commercial Background Check Services: Several companies specialize in conducting background checks, including criminal record searches. These services can streamline the process and provide a comprehensive report. However, always verify the legitimacy and reliability of any third-party service.
Important Considerations: Remember that you must comply with all applicable federal and state laws regarding background checks and the use of criminal record information. The Fair Credit Reporting Act (FCRA) governs the use of consumer reports, including background checks, and requires specific procedures to be followed.
What are the Legal Restrictions on Using Criminal Background Checks in North Carolina?
North Carolina law, like federal law, imposes limitations on the use of criminal background checks in employment decisions. Discrimination based solely on a criminal record is often prohibited. Employers must carefully consider the nature and gravity of the offense, the time elapsed since the offense, and the nature of the job when making hiring decisions based on criminal background information. Consulting with legal counsel is strongly recommended to ensure compliance.
Can I use criminal history information to deny employment?
Yes, but only under specific circumstances and in compliance with the law. The relevance of the criminal record to the job in question must be considered. For example, a conviction for theft might disqualify an applicant for a cashier position, but not necessarily for a position in a different field.
What if a candidate has a sealed or expunged record?
Sealed or expunged records are generally not accessible through routine background checks. However, it’s best to follow the legal advice above on what information is permissible to use.
How far back should I search?
There is no single answer to this question. The relevant time frame depends on the nature of the job and the type of offense. Consult with an attorney to determine the appropriate timeframe for your specific situation.
Protecting Your Employees and Workplace: Beyond Criminal Background Checks
While criminal background checks are a crucial tool, they are not the only way to ensure a safe and productive workplace. Other measures include:
- Comprehensive training programs: Equipping employees with the skills and knowledge to handle various workplace situations.
- Robust security systems: Implementing physical and technological security measures to deter crime and protect employees.
- Clear policies and procedures: Establishing clear guidelines on workplace conduct, safety protocols, and reporting mechanisms.
- Regular employee reviews: Providing opportunities for feedback and addressing any concerns.
By combining thorough background checks with a strong commitment to workplace safety and security, North Carolina businesses can create an environment where employees feel safe, respected, and valued. Remember, responsible and legal use of background information is key to protecting both your business and your employees.
