Expungements: New NC law prohibits employers, educational institutions and agencies of State and local governments from asking about expunged matters

A new law regarding inquiries into expunged records went in effect on December 1, 2013. Under this law, you are not required to include any information that has been expunged when asked about past crimes by a prospective employer or an educational institution.

The new law prohibits an employer or educational institution from requiring an applicant to disclose information concerning any arrest, criminal charge, or criminal conviction of the applicant that has been expunged. Employers and educational institutions may still inquire about criminal charges or convictions that have not been expunged and are part of the public record.

            When an employer or educational institution asks about criminal convictions, the new statute allows you to leave out any matter that has been expunged without penalty. You cannot be held guilty of perjury or otherwise giving a false statement by failing to “recite or acknowledge any expunged arrest, apprehension, charge, indictment, information, trial, or conviction in response to any inquiry”.

            An employer who violates this new law may be subject to a fine up to $500 for each violation.

            The new law also applies to “Agencies, officials, and employees of the State and local governments who request disclosure of information concerning any arrest, criminal charge, or criminal conviction of the applicant”.  In addition, these bodies must also advise you specifically not to refer to any arrest, charge, or conviction that has been expunged.

The only exceptions are applicants or licensees seeking or holding any certification issued by the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriffs Education and Training Standards Commission. These agencies require the disclosure of specific convictions regardless of expungement.

If you would like us to help you expunge your criminal record of any charges, convictions or dismissals, please contact us at Sanders Law Firm, PLLC 336-724-4707.