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In recognition of Second Chance Month, legislators in North Carolina are working to approve 4 bills that would give residents more opportunities to re-enter society.

Second Chances

The Second Chance Movement continues to grow throughout the United States. Its primary goal is to help people who were once incarcerated find jobs, get places to live and become contributing members of their communities. Numerous studies have shown that any type of criminal record can be a barrier to obtaining these and other necessities.

Legislators in North Carolina are hoping Second Chance Month will be the perfect time to pass 4 relevant bills. They would create expungement opportunities, prevent the unregulated use of mugshots and help residents in various other ways.

House Bill 888

Existing law in NC calls for driver’s licenses to be automatically suspended if an individual has not resolved a traffic debt within a certain period of time. That results in people being unable to have their licenses reactivated until they pay off their debt, which can make it difficult for them to get to work and manage other basic activities. House Bill 888 (HB888) would eliminate this practice and make it possible for individuals to drive even when they still owe money for an infraction.

Senate Bill 565

This bill calls for the automatic expungement of criminal records that were dismissed or had a not guilty verdict. Senate Bill 565 (SB565) is said to be a “Huge step towards ensuring that our justice system provides access to those second chances and recognizing the social and economic value of individuals having access to employment and housing, particularly when they are rehabilitated and have paid their debt to society.”

SB565 would reactivate a previously existing process which reportedly resulted in 395,000 expunctions during a 9-month period. In comparison, legislators said they typically expunge 15,000 records annually.

House Bill 778

Legislators recognized certain organizations publish mugshots for profit. House Bill 778 (HB778) would prohibit businesses from this practice if the criminal case:

• Resulted in a not guilty verdict.
• Got dismissed.
• Was later expunged.

Senate Bill 339

If it passes, Senate Bill 339 (SB339) would reduce the period for which a person’s driver’s license would be suspended for moving violations. Supporters refer to this as a “common sense solution” that would help residents and reduce the backlog of records courthouses must review.

What Employers In North Carolina Should Know

Organizations in North Carolina should be aware new second chance laws could be approved in April 2024. If they are, then employers must comply with any relevant regulations.

Employers should also be aware they may not consider records once they've been expunged. One of the easiest ways to help accomplish this is to partner with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). To become accredited, CRAs must go through an audit and show they take reasonable steps to only provide records that are accurate, reportable and current.

Ordering Background Checks

If your business is bringing on employees, contractors or volunteers, please contact us to discuss how we can handle all of your screening needs. Backgrounds Online is an accredited CRA with more than 20 years of experience as a leader in our industry.

Our highly experienced team can help you customize background check packages that are suited to your particular needs, industry regulations and relevant laws. We are available to assist you Monday through Friday from 5am to 6pm PT.