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Expunction Laws in NC Strengthened Effective December 1, 2013

Effective December 1, 2013, North Carolinians who have received an expunction (or are thinking about obtaining an expunction) will have stronger protection when searching for jobs. Session law 2013-53, ratified on May 8, 2013, creates a new statute – “N.C.G.S. § 15A-153. Effect of expunction; prohibited practices by employers, educational institutions, agencies of State and local governments.”

Under 15A-153(c), employers and educational institutions are statutorily barred from requesting information about an expunged charge or conviction, even if the employer or educational institution knows of the charge/conviction. An employer or educational institution may not deny an applicant solely because of an applicant’s refusal or failure to disclose an expunged charge or conviction. Failure to abide by this law can result in a fine up to $500.

Under 15A-153(d), state or local government agencies are similarly barred from requesting expunged information and from using an applicant’s refusal/failure to disclose such against the applicant. Further, these agencies are now required to specifically advise the applicant NOT to refer to any arrest, charge, or conviction that has been expunged. (However, it should be noted that this subsection does not apply to convictions expunged under either 15A-145.4 or -145.5 for those applying the NC Sheriff’s Education and Training Standards Commission OR for a license/certification by the NC Criminal Justice Education and Training Standards Commission.)

If you need an expunction in Guilford County, contact the Clifford Division of Clifford Clendenin & O’Hale, LLP. Our attorneys are experienced with the expunction process, the various expunctions available, and all new changes in North Carolina expunction law. Call us at 336-574-2788 or e-mail us at Clifford@cliffordlawoffice.com!

 

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