North Carolina background check laws for employers

The FCRA sets the process in North Carolina

North Carolina has no ban-the-box law for private employers. The state's fair chance policy, Executive Order 158, covers state agencies only. A private employer can ask about criminal history at any stage, unless a rule for the job says otherwise.

When the employer uses a background check company, the federal Fair Credit Reporting Act applies: a clear written disclosure, the candidate's written authorization, a copy of the report and the FCRA Summary of Rights before an adverse decision, and an adverse action notice after it.

Records North Carolina employers can't use

Employers can't require a candidate to disclose arrests, charges or convictions that were expunged. If asked, the candidate may answer as if the case never happened. The law has exceptions for jobs where a state or federal law requires the question.

A dismissed case that hasn't been expunged is not the same as an expunged record. North Carolina has no general rule that keeps arrests without a conviction out of private hiring.

Drug testing rules

North Carolina regulates how employers test for drugs. An applicant may take an initial on-site screening test, but a positive result must be confirmed by an approved laboratory before the employer acts on it, unless the applicant signs a written waiver at or after the initial test. The lab keeps a confirmed positive sample for at least 90 days, and the employer gives written notice of a positive result and the right to a retest within 30 days of receiving it.

The state also protects employees' lawful use of lawful products off duty, with exceptions for job-related reasons.

Reporting limits and driving records

North Carolina has no separate limit on how far back a report can go. Under the federal FCRA, convictions can be reported regardless of age; most other negative records are limited to seven years, except for jobs paying $75,000 a year or more.

NCDMV charges $12.75 for a driving record in PROFID's published fee table. Requests for another person's record name a permitted purpose on Form DL-DPPA-1; the consent route needs the driver's notarized permission.

What a North Carolina check costs

Every North Carolina county charges the same $1.60 court fee in PROFID's published fee table, and the statewide criminal search carries a $2.50 fee. PROFID's packages are $27.99, $49.99 and $74.99 per candidate before passthrough fees. See what drives the cost of a background check and the full passthrough fee table.

General information as of November 6, 2026, not legal advice. Coverage depends on the work location, employer size, role and records involved, and laws and fees change. Check the rules for each place where your employees work before relying on them. Fees are from PROFID's fee table, version April 22, 2026.