In North Carolina, the state itself does not impose a specific time limit on how far back an applicant's criminal history can be accessed during a background check. This means that, under state law, accessible criminal history information can theoretically be viewed for as far back as the screening requirements demand.
However, the practical scope of a background check, especially those conducted for employment purposes, is often influenced by federal laws such as the Fair Credit Reporting Act (FCRA).
Understanding the North Carolina Lookback Period
North Carolina law permits access to an individual's criminal history without a set "lookback period." This means that information regarding convictions, arrests, or other criminal activity, no matter how old, can be part of the accessible record. For instance, if a public records search is conducted directly through state or county resources, very old criminal records could potentially be uncovered.
The Influence of Federal Laws (FCRA)
While North Carolina does not limit how far back criminal history can be seen, federal law, particularly the Fair Credit Reporting Act (FCRA), places restrictions on what consumer reporting agencies (CRAs) can report for certain types of background checks, most notably for employment purposes.
The FCRA generally:
- Does not limit the reporting of conviction records. Convictions can typically be reported indefinitely, regardless of how old they are.
- Limits reporting of non-conviction adverse information. For positions where the annual salary is less than $75,000, certain adverse information that did not lead to a conviction (e.g., arrests, civil judgments, paid tax liens, accounts placed for collection) generally cannot be reported if it is more than seven years old. This seven-year rule does not apply to criminal convictions.
- Exempts high-salary positions. The seven-year reporting limitation generally does not apply to employment where the annual salary equals or is expected to equal $75,000 or more.
It's important to distinguish between what the state makes accessible and what federal law allows to be reported by third-party background check companies (CRAs) for specific purposes.
Types of Information Included in NC Background Checks
A comprehensive North Carolina background check can include a variety of records, depending on the scope and purpose of the check.
- Criminal Records:
- Felonies and misdemeanors (convictions, charges, dispositions)
- Arrests (though reporting may be limited by FCRA if no conviction)
- Warrants and outstanding charges
- Sex Offender Registry: Information from the North Carolina Sex Offender Registry.
- Civil Records (where applicable):
- Civil judgments
- Bankruptcies (subject to FCRA limitations)
- Liens (subject to FCRA limitations)
- Driving Records: Motor vehicle records (MVRs) that show driving history, license status, and infractions.
Key Considerations for Different Purposes
The "lookback" and content of a background check can vary significantly based on its purpose:
- Employment Background Checks: These are often subject to FCRA regulations, especially when conducted by third-party CRAs. Employers must also comply with Ban the Box laws, which in some jurisdictions (though not statewide in NC for all employers) restrict when criminal history can be inquired about.
- Housing Background Checks: Landlords typically look for criminal convictions, eviction history, and creditworthiness. While FCRA applies, the interpretation of "adverse information" can differ slightly from employment.
- Professional Licensing: Certain professions (e.g., healthcare, education, law enforcement) may have specific state-mandated background check requirements that mandate a review of an entire criminal history without federal reporting limitations on convictions.
- Volunteer Background Checks: Organizations working with vulnerable populations (children, elderly) often conduct thorough criminal background checks that may extend far back, as FCRA might not apply in the same way to non-employment relationships.
Practical Insights
For individuals and organizations in North Carolina, understanding these nuances is critical.
- For Employers: Always partner with a reputable background check provider that understands and complies with both North Carolina state laws and federal regulations like the FCRA. Ensure your policies align with these requirements to avoid legal issues.
- For Individuals: Be aware that certain criminal convictions, regardless of age, may appear on a background check, particularly if it's not subject to FCRA's 7-year reporting limit for non-conviction information. Information on expungement or sealing of records should be explored if applicable.
| Aspect | North Carolina Law (Accessibility) | Federal FCRA (Reporting for Employment < $75k) |
|---|---|---|
| Criminal Convictions | No limit; accessible indefinitely. | No limit; can be reported indefinitely. |
| Arrests (non-conviction) | Accessible indefinitely. | Generally, cannot be reported if older than 7 years. |
| Paid Tax Liens/Civil Judgments | Accessible indefinitely. | Generally, cannot be reported if older than 7 years. |
| Bankruptcies | Accessible indefinitely. | Cannot be reported if older than 10 years. |
| General Rule | Information is available as far back as records exist. | Limits what CRAs can report for certain information to protect consumers. |
