§ 74D-2.1. Criminal background checks. - North Carolina Statutes

§ 74D‑2.1.  Criminalbackground checks.

(a)        Authorization. – Uponreceipt of an application for a license or registration, the Board shallconduct a background investigation to determine whether the applicant meets therequirements for a license or registration as set out in G.S. 74D‑2(d).The Department of Justice may provide a criminal record check to the Board fora person who has applied for a new or renewal license or registration throughthe Board. The Board shall provide to the Department of Justice, along with therequest, the fingerprints of a new applicant, and the Department of Justiceshall provide a criminal record check based upon the applicant's fingerprints.The Board may request a criminal record check from the Department of Justicefor a renewal applicant based upon the applicant's fingerprints in accordancewith policy adopted by the Board. The Board shall provide any additionalinformation required by the Department of Justice and a form signed by theapplicant consenting to the check of the criminal record and to the use of thefingerprints 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. 16.)