Bill Summary for S 91 (2013-2014)

Summary date: 

May 6 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 91 (Public) Filed Thursday, February 14, 2013
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.
Intro. by Daniel, Goolsby, Kinnaird.

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Bill summary

Conference report makes the following changes to the 4th edition.

Changes the long title.

Amends GS 15A-153(c), providing that an employer or educational institution will not require an applicant for employment or admission to disclose information concerning any arrest, criminal charge, or criminal conviction of the applicant that has been expunged. Also provides that they cannot knowingly or willingly inquire about that which they know has been expunged.  Provides that an applicant need not, in answer to any question concerning any arrest or criminal charge that has not resulted in a conviction, include information or refer to any arrests, charges, or convictions that have been expunged (previously, required an employer or educational institution that requested disclosure of information concerning any arrest, criminal charge, or criminal conviction of the applicant to first advise the applicant of law allowing the applicant to not refer to any expunged arrest, charge, or conviction).

 

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