§ 90-629.1. Criminal history record checks of applicants for licensure. - North Carolina Statutes

§ 90‑629.1.  Criminalhistory record checks of applicants for licensure.

(a)        All applicants forlicensure shall consent to a criminal history record check. Refusal to consentto a criminal history record check may constitute grounds for the Board to denylicensure to an applicant. The Board shall ensure that the State and nationalcriminal history of an applicant is checked. The Board shall be responsible forproviding to the North Carolina Department of Justice the fingerprints of theapplicant to be checked, a form signed by the applicant consenting to thecriminal record check and the use of fingerprints and other identifyinginformation required by the State or National Repositories, and any additionalinformation required by the Department of Justice. The Board shall keep allinformation obtained pursuant to this section confidential.

(b)        The cost of thecriminal history record check and the fingerprinting shall be borne by theapplicant.

(c)        If an applicant'scriminal history record check reveals one or more criminal convictions, theconviction shall not automatically bar licensure. The Board shall consider allof the following factors regarding the conviction:

(1)        The level ofseriousness of the crime.

(2)        The date of thecrime.

(3)        The age of the personat the time of the conviction.

(4)        The circumstancessurrounding the commission of the crime, if known.

(5)        The nexus betweenthe criminal conduct of the person and the job duties of the position to befilled.

(6)        The person's prison,jail, probation, parole, rehabilitation, and employment records since the datethe crime was committed.

If, after reviewing thefactors, the Board determines that any of the grounds set forth in thesubdivisions of G.S. 90‑633(a) exist, the Board may deny licensure of theapplicant. The Board may disclose to the applicant information contained in thecriminal history record check that is relevant to the denial. The Board shallnot provide a copy of the criminal history record check to the applicant. Theapplicant shall have the right to appear before the Board to appeal the Board'sdecision. However, an appearance before the full Board shall constitute anexhaustion of administrative remedies in accordance with Chapter 150B of theGeneral Statutes.

(d)        The Board, itsofficers, and employees, acting in good faith and in compliance with thissection, shall be immune from civil liability for denying licensure to anapplicant based on information provided in the applicant's criminal historyrecord check.  (2008‑224,s. 10.)