§ 74C-8.1. Criminal background checks. - North Carolina Statutes

§ 74C‑8.1.  Criminalbackground checks.

(a)        Authorization. – Uponreceipt of an application for a license, registration, certification, orpermit, the Board shall conduct a background investigation to determine whetherthe applicant meets the requirements for a license, registration,certification, or permit set out in G.S. 74C‑8(d). The Department ofJustice may provide a criminal record check to the Board for a person who hasapplied for a new or renewal license, registration, certification, or permitthrough the Board. The Board shall provide to the Department of Justice, alongwith the request, the fingerprints of a new applicant, and the Department ofJustice shall provide a criminal record check based upon the applicant'sfingerprints. The Board may request a criminal record check from the Departmentof Justice for a renewal applicant based upon the applicant's fingerprints inaccordance with policy adopted by the Board. The Board shall provide anyadditional information required by the Department of Justice and a form signedby the applicant consenting to the check of the criminal record and to the useof the fingerprints and other identifying information required by the State ornational repositories. The applicant's fingerprints shall be forwarded to theState Bureau of Investigation for a search of the State's criminal historyrecord file, and the State Bureau of Investigation shall forward a set of thefingerprints to the Federal Bureau of Investigation for a national criminalhistory check. The Department of Justice may charge each applicant a fee forconducting the checks of criminal history records authorized by thissubsection.

The Board may require a new orrenewal applicant to obtain a criminal record report from one or more reportingservices designated by the Board to provide criminal record reports. Applicantsare required to pay the designated reporting service for the cost of thesereports.

(b)        Confidentiality. – TheBoard shall keep all information obtained pursuant to this section confidentialin accordance with applicable State law and federal guidelines, and theinformation shall not be a public record under Chapter 132 of the GeneralStatutes.  (2009‑328,s. 4.)