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. Enacted May 17, 2013. Section 3 is effective December 1, 2013. The remainder is effective May 17, 2013.
Summary date: May 20 2013 - More information
Summary date: May 6 2013 - More information
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).
Summary date: Apr 11 2013 - More information
House amendment to the 3rd edition makes the following changes. Amends GS 15A-153(c) to require an employer or educational institution that requests disclosure of information concerning any arrest, criminal charge, or criminal conviction of the applicant to first advise the application of law allowing the applicant to not refer to any expunged arrest, charge, or conviction (was, prohibited requiring an applicant to disclose such expunged information). Makes the same changes to (d) for agencies, officials, and employees of the state and and local governments. Amends the act's long title.
Summary date: Apr 3 2013 - More information
House committee substitute to the 2nd edition makes the following changes. Amends proposed GS 15A-153 to provide that any employer found in violation of (c) (prohibiting employer or educational institution from requiring disclosure of expunged arrest, criminal charge, or conviction) is to be issued a written warning for a first violation and is subject to a civil penalty of up to $500 for each additional violation after receiving the written warning.
Summary date: Mar 4 2013 - More information
Senate Committee Substitute makes the following changes to the 1st edition.
Amends GS 15A-145.4 (under age 18 at the time of commission of a nonviolent felony)and 15A-145.5 (expunction of certain misdemeanors and felonies regardless of age)to provide that when a person's conviction record is expunged under either of the two statutes wherethe charge or conviction was the result of an administrative action by a state or local government agency, then that agency must also vacate (was, reverse) any actions taken against the person whose record is expunged. Provides that if the agency is an occupational licensing board, then the person whose record is expunged may reapply for licensure and must satisfy current licensing requirements. Effective when this act becomes law.
Amends proposed GS 15A-153to provide that its provisions do not prohibit an employer from asking a job applicant about criminal charges or convictions that have not been expunged and are a part of the pubic record. Provides that a person whose record is expunged is not guilty of perjury or making a false statement for failing to acknowledge or reveal information about the expunged criminal record when asked. However, provides that the prohibition against an entity requiring disclosure of an expunged arrest, criminal charge, or conviction does not apply to (1) state or local law enforcement agencies authorized under GS 15A-151 to obtain confidential information for employment purposes, or (2) an applicant or licensee seeking or holding certification issued by the NC Criminal Justice Education and Training Standards Commission or the NC Sheriff's Education and Training Standards Commission.
Imposes acivil penaltyof up to $500 for each violation, on any employer found to be inviolation of subsection (c) of this statute, which prohibits employers or educational institutions from requiring disclosure of anexpunged arrest,criminal charge, orconviction. Applies only to violations of proposed GS 15A-153 occurring on or after December 1, 2013.
Deletes provision making it a Class 3 misdemeanor for each violation ofproposed GS 15A-153. Specifies that this actdoes not create a private cause of action against an employer, educational institution, or state or local government agency.
Except as otherwise indicated, effective December 1, 2013.
Summary date: Feb 14 2013 - More information
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.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.