§ 114-19.23. Criminal history record checks of employees of and applicants for employment with the Department of Public Instruction. - North Carolina Statutes - USA Laws Searching

Statutes > North Carolina Statutes > Chapter 114 - Department of Justice. > § 114-19.23. Criminal history record checks of employees of and applicants for employment with the Department of Public Instruction.

§ 114-19.23. Criminal history record checks of employees of and applicants for employment with the Department of Public Instruction.

§ 114‑19.23.  Criminalhistory record checks of employees of and applicants for employment with theDepartment of Public Instruction.

(a)        Definitions. – Asused in this section, the term:

(1)        "Coveredperson" means any of the following:

a.         An applicant foremployment or a current employee in a position in the Department of PublicInstruction.

b.         An independentcontractor or an employee of an independent contractor that has contracted toprovide services to the Department of Public Instruction.

(2)        "Criminalhistory" means a State or federal history of conviction of a crime,whether a misdemeanor or felony, that bears upon a covered person's fitness foremployment in the Department of Public Instruction. The crimes include, but arenot limited to, criminal offenses as set forth in any of the following Articlesof Chapter 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; Article16, Larceny; Article 17, Robbery; Article 18, Embezzlement; Article 19, FalsePretenses and Cheats; Article 19A, Obtaining Property or Services by False orFraudulent 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 violation of G.S. 20‑138.1through G.S. 20‑138.5.

(b)        When requested bythe Department of Public Instruction, the North Carolina Department of Justicemay provide to the requesting department a covered person's criminal historyfrom the State Repository of Criminal Histories. Such request shall not be dueto a person's age, sex, race, color, national origin, religion, creed,political affiliation, or handicapping condition as defined by G.S. 168A‑3.For requests for a State criminal history record check only, the requestingdepartment shall provide to the Department of Justice a form consenting to thecheck, signed by the covered person to be checked and any additionalinformation required by the Department of Justice. National criminal recordchecks are authorized for covered applicants who have not resided in the Stateof North Carolina during the past five years. For national checks theDepartment of Public Instruction shall provide to the North Carolina Departmentof Justice the fingerprints of the covered person to be checked, any additionalinformation required by the Department of Justice, and a form signed by thecovered person to be checked, consenting to the check of the criminal recordand to the use of fingerprints and other identifying information required bythe State or National Repositories. The fingerprints of the individual shall beforwarded to the State Bureau of Investigation for a search of the Statecriminal history record file and the Federal Bureau of Investigation for anational criminal history record check. The Department of Public Instructionshall keep all information pursuant to this section confidential. TheDepartment of Justice shall charge a reasonable fee for conducting the checksof the criminal history records authorized by this section.

(c)        All releases ofcriminal history information to the Department of Public Instruction shall besubject to, and in compliance with, rules governing the dissemination ofcriminal history record checks as adopted by the North Carolina Division of CriminalInformation. All of the information the department receives through thechecking of the criminal history is privileged information and for theexclusive use of the department.

(d)        If the coveredperson's verified criminal history record check reveals one or more convictionscovered under subsection (a) of this section, then the conviction shallconstitute just cause for not selecting the person for employment, or fordismissing the person from current employment with the Department of PublicInstruction. The conviction shall not automatically prohibit employment;however, the following factors shall be considered by the Department of PublicInstruction in determining whether employment 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 job 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 Department ofPublic Instruction may deny employment to or dismiss a covered person whorefuses to consent to a criminal history record check or use of fingerprints orother identifying information required by the State or National Repositories ofCriminal Histories. Any such refusal shall constitute just cause for theemployment denial or the dismissal from employment.

(f)         The Department ofPublic Instruction may extend a conditional offer of employment pending theresults of a criminal history record check authorized by this section. (2007‑516, s. 1.)