§ 114-19.12. Criminal history record checks of applicants to fire departments and emergency medical services.
§ 114‑19.12. Criminalhistory record checks of applicants to fire departments and emergency medicalservices.
(a) Definitions. Thefollowing definitions apply in this section:
(1) Applicant. Aperson who applies for a paid or volunteer position with a fire department oran emergency medical service.
(2) Criminal history. AState or federal history of conviction of a crime, whether a misdemeanor orfelony, that bears upon a covered person's fitness for holding a paid orvolunteer position with a fire department. The crimes include, but are notlimited to, criminal offenses as set forth in any of the following Articles ofChapter 14 of the General Statutes: Article 5, Counterfeiting and IssuingMonetary Substitutes; Article 5A, Endangering Executive and LegislativeOfficers; Article 6, Homicide; Article 7A, Rape and Other Sex Offenses; Article8, Assaults; Article 10, Kidnapping and Abduction; Article 13, Malicious Injuryor Damage by Use of Explosive or Incendiary Device or Material; Article 14,Burglary and Other Housebreakings; Article 15, Arson and Other Burnings;Article 16, Larceny; Article 17, Robbery; Article 18, Embezzlement; Article 19,False Pretenses and Cheats; Article 19A, Obtaining Property or Services byFalse or Fraudulent Use of Credit Device or Other Means; Article 19B, FinancialTransaction Card Crime Act; Article 20, Frauds; Article 21, Forgery; Article26, Offenses Against Public Morality and Decency; Article 26A, AdultEstablishments; Article 27, Prostitution; Article 28, Perjury; Article 29,Bribery; Article 31, Misconduct in Public Office; Article 35, Offenses Againstthe Public Peace; Article 36A, Riots and Civil Disorders; Article 39,Protection of Minors; Article 40, Protection of the Family; Article 59, PublicIntoxication; and Article 60, Computer‑Related Crime. The crimes alsoinclude possession or sale of drugs in violation of the North CarolinaControlled Substances Act, Article 5 of Chapter 90 of the General Statutes, andalcohol‑related offenses such as sale to underage persons in violation ofG.S. 18B‑302, or driving while impaired in violation of G.S. 20‑138.1through G.S. 20‑138.5.
(b) When requested by adesignated local Homeland Security director a local fire chief, a county firemarshal, or an emergency services director or, when there is no designatedlocal Homeland Security director, local fire chief, county fire marshal, oremergency services director, by a local law enforcement agency, the NorthCarolina Department of Justice may provide to the requesting director, chief,marshal, director, or agency an applicant's criminal history from the State andNational Repositories of Criminal Histories. The local Homeland Securitydirector, local fire chief, marshal, director, or local law enforcement agencyshall provide to the North Carolina Department of Justice the fingerprints ofthe applicant to be checked, any additional information required by theDepartment of Justice, and a form signed by the applicant to be checkedconsenting to the check of the criminal record and to the use of fingerprintsand other identifying information required by the State or NationalRepositories. The fingerprints of the individual shall be forwarded to theState Bureau of Investigation for a search of the State criminal history recordfile, and the State Bureau of Investigation shall forward a set of fingerprintsto the Federal Bureau of Investigation for a national criminal history recordcheck. The local Homeland Security director, local fire chief, county firemarshal, emergency services director, or local law enforcement agency shallkeep all information pursuant to this section confidential. The Department ofJustice shall charge a reasonable fee for conducting the checks of the criminalhistory records authorized by this section.
(c) All releases ofcriminal history information to the local Homeland Security director, localfire chief, county fire marshal, emergency services director, or local lawenforcement agency shall be subject to, and in compliance with, rules governingthe dissemination of criminal history record checks as adopted by the NorthCarolina Division of Criminal Information. All of the information the localHomeland Security director, local fire chief, county fire marshal, emergencyservices director, or local law enforcement agency receives through thechecking of the criminal history is privileged information and for theexclusive use of that director, chief, marshal, or agency.
(d) If the applicant'sverified criminal history record check reveals one or more convictions coveredunder subdivision (a)(2) of this section, then the conviction shall constitutejust cause for not selecting the applicant for the position or for dismissingthe person from a current position with the local fire department or emergencymedical services. The conviction shall not automatically prohibit volunteeringor employment; however, the following factors shall be considered by the localHomeland Security director, local fire chief, county fire marshal, emergencyservices director, or local law enforcement agency in determining whether theposition shall be denied:
(1) The level andseriousness of the crime;
(2) The date of thecrime;
(3) The age of theperson at 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 duties of the person;
(6) The prison, jail,probation, parole, rehabilitation, and employment records of the person sincethe date the crime was committed; and
(7) The subsequentcommission by the person of a crime listed in subsection (a) of this section.
(e) The local firedepartment or emergency medical services may deny the applicant the position ordismiss an applicant who refuses to consent to a criminal history record checkor use of fingerprints or other identifying information required by the Stateor National Repositories of Criminal Histories. This refusal constitutes justcause for the denial of the position or the dismissal from the position.
(f) The local fire departmentor emergency medical services may extend a conditional offer of the positionpending the results of a criminal history record check authorized by thissection.
(g) For purposes ofthis section, "local fire chief" shall include only fire chiefs who arepaid employees of a city; "county fire marshal" shall include onlyfire marshals who are paid employees of a county; and "emergency servicesdirector" shall include only emergency services directors who are paidemployees of a city or county. (2003‑182, s. 1; 2007‑479, s. 1.)