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A program that was designed to expunge lower-level criminal records for North Carolina residents will be reactivated following the passing of a new second chance bill.

Senate Bill 565

Governor Roy Cooper of North Carolina signed Senate Bill 565 (SB565) into law in July of 2024. It was intended to replace a previous Second Chance Act which created expunction opportunities for certain criminal records.

The new law specifies that if any person was charged with an infraction, misdemeanor or felony, the charges in the case must be expunged by operation of law not fewer than 180 days and not more than 210 days after the date of final disposition if:

• The charges were disposed on or later than December 1, 2021.
• All charges in the case were dismissed without leave, dismissed by the court, or resulted in a finding of not guilty or not responsible.

The administrative office of each court must develop procedures to automatically expunge records that meet this criteria.

Further, SB565 notes that if the above act expires or is repealed, then courts will have 365 days to expunge all applicable cases with dismissed charges, not guilty verdicts or findings of not responsible.

What Prompted This Act

North Carolina legislators passed a Second Chance bill which created expunction opportunities, but was later rewritten. The revised law eliminated an automatic expungement section, and numerous people opposed the change. Their concern was that it would be too difficult for residents to get eligible records expunged. Having any type of criminal record can be a barrier for individuals who are trying to find employment, housing or other necessities.

Based on this response, lawmakers discussed what they could do to improve the expunction system. Those conversations resulted in what would become SB565. It was passed unanimously and is expected to help thousands of residents.

When Records Are Expunged

SB565 notes that expunged records are confidential. It says no court clerk may disclose the existence of any such record unless the following applies:

• The person who had the record, or an attorney representing them, requests the records.
• The records are needed by the office of the District Attorney.
• Someone from the Office of the Appellate Defender requests the records after being asked to do so by the individual who had the record.

This means employers may not review or consider any expunged records when making employment decisions about consumers. A great way to accomplish this and avoid non-compliance with employment law is to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). CRAs must undergo a thorough audit by a third-party service and prove they follow reasonable procedures to only provide current, reportable records before they may receive accreditation.

Running Background Checks

Background checks are powerful tools that help hiring managers make informed decisions and maintain safe workplaces. They include the data employers need to understand whether someone is properly qualified for a position or if they pose an undue risk to the business, staff or public.

If your organization is bringing on employees, volunteers or contractors, please contact us. Backgrounds Online is an accredited CRA with more than 20 years of experience in the screening industry. Our professional, friendly team can help you customize screening packages based on your needs, industry regulations and applicable laws. We are available to assist you Monday through Friday from 5am to 6pm PT.