A BILL TO BE ENTITLED AN ACT TO CLARIFY THE LAW PERTAINING TO ADMINISTRATIVE ACTION THAT MAY BE TAKEN BY AN OCCUPATIONAL LICENSING BOARD AS A RESULT OF EXPUNGED CHARGES OR CONVICTIONS UNDER G.S. 15A-145.4 AND G.S. 15A-145.5; TO PROHIBIT AN EMPLOYER OR EDUCATIONAL INSTITUTION FROM REQUESTING THAT AN APPLICANT PROVIDE INFORMATION REGARDING AN ARREST, CRIMINAL CHARGE, OR CRIMINAL CONVICTION OF THE APPLICANT THAT HAS BEEN EXPUNGED; AND TO REQUIRE A STATE OR LOCAL GOVERNMENT AGENCY TO ADVISE AN APPLICANT THAT THE APPLICANT IS NOT REQUIRED TO DISCLOSE INFORMATION REGARDING AN ARREST, CRIMINAL CHARGE, OR CRIMINAL CONVICTION OF THE APPLICANT THAT HAS BEEN EXPUNGED PRIOR TO REQUESTING DISCLOSURE.
Enacts new GS 15A-153 to prohibit any employer, educational institution, or any agency, official, or employee of the state or local government, from requiring, in any application, interview, or otherwise, an applicant to disclose information concerning any arrest, criminal charge, or criminal convictionagainst the applicant that has been expunged. Provides that an applicant does not need to include a reference to or information about arrests, charges, or convictionsthat have been expunged in response to any question concerning an arrest or criminal charge that did not result in a conviction. Provides that an application for a license, permit, registration, or governmental service will not be denied solely because the applicant refuses or fails to disclose information concerning any arrest, criminal charge, or criminal conviction that has been expunged. Makes each willful violation of the statute a separate Class3 misdemeanor. Effective December 1, 2013.Provides thatsubsection (d) of proposed GS 15A-153, regardingpunishment for violations of newGS 15A-153, applies only to violations that occuron or after December 1, 2013.
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