§ 74F-18. Criminal history record checks of applicants for licensure or apprentice designation. - North Carolina Statutes - USA Laws Searching

Statutes > North Carolina Statutes > Chapter 74F - Locksmith Licensing Act. > § 74F-18. Criminal history record checks of applicants for licensure or apprentice designation.

§ 74F-18. Criminal history record checks of applicants for licensure or apprentice designation.

§ 74F‑18.  Criminalhistory record checks of applicants for licensure or apprentice designation.

(a)        Definitions. – Thefollowing definitions shall apply in this section:

(1)        Applicant. – Aperson applying for licensure as a locksmith pursuant to G.S. 74F‑7 orapprentice designation pursuant to G.S. 74F‑7.1.

(2)        Criminal history. –A history of conviction of a state or federal crime, whether a misdemeanor orfelony, that bears on an applicant's fitness for licensure to practicelocksmithing. The crimes include the criminal offenses set forth in any of thefollowing Articles of Chapter 14 of the General Statutes: Article 5,Counterfeiting and Issuing Monetary Substitutes; Article 5A, EndangeringExecutive and Legislative Officers; Article 6, Homicide; Article 7A, Rape andOther Sex Offenses; Article 8, Assaults; Article 10, Kidnapping and Abduction;Article 13, Malicious Injury or Damage by Use of Explosive or Incendiary Deviceor Material; Article 14, Burglary and Other Housebreakings; Article 15, Arsonand Other Burnings; Article 16, Larceny; Article 17, Robbery; Article 18,Embezzlement; Article 19, False Pretenses and Cheats; Article 19A, ObtainingProperty or Services by False or Fraudulent Use of Credit Device or OtherMeans; Article 19B, Financial Transaction Card Crime Act; Article 20, Frauds;Article 21, Forgery; Article 26, Offenses Against Public Morality and Decency;Article 26A, Adult Establishments; Article 27, Prostitution; Article 28,Perjury; Article 29, Bribery; Article 31, Misconduct in Public Office; Article35, Offenses Against the Public Peace; Article 36A, Riots and Civil Disorders;Article 39, Protection of Minors; Article 40, Protection of the Family; Article59, Public Intoxication; and Article 60, Computer‑Related Crime. Thecrimes also include possession or sale of drugs in violation of the NorthCarolina Controlled Substances Act in Article 5 of Chapter 90 of the GeneralStatutes and alcohol‑related offenses including sale to underage personsin violation of G.S. 18B‑302 or driving while impaired in violation ofG.S. 20‑138.1 through G.S. 20‑138.5. In addition to the NorthCarolina crimes listed in this subdivision, such crimes also include similarcrimes under federal law or under the laws of other states.

(b)        All applicants forlicensure or apprentice designation shall consent to a criminal history recordcheck. Refusal to consent to a criminal history record check may constitutegrounds for the Board to deny licensure or apprentice designation to anapplicant. The Board shall ensure that the State and national criminal historyof an applicant is checked. The Board shall be responsible for providing to theNorth Carolina Department of Justice the fingerprints of the applicant to bechecked, a form signed by the applicant consenting to the criminal record checkand the use of fingerprints and other identifying information required by theState or National Repositories of Criminal Histories, and any additionalinformation required by the Department of Justice. The Board shall keep all informationobtained pursuant to this section confidential. The Board shall collect anyfees required by the Department of Justice and shall remit the fees to theDepartment of Justice for expenses associated with conducting the criminalhistory record check.

(c)        If an applicant'scriminal history record check reveals one or more convictions listed undersubdivision (a)(2) of this section, the conviction shall not automatically barlicensure. The Board shall consider all of the following factors regarding theconviction:

(1)        The level ofseriousness 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 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.

(7)        The subsequentcommission by the person of a crime listed in subdivision (a)(2) of thissection.

If, after reviewing thesefactors, the Board determines that the applicant's criminal historydisqualifies the applicant for licensure, the Board may deny licensure orapprentice designation of the applicant. The Board may disclose to theapplicant information contained in the criminal history record check that isrelevant to the denial. The Board shall not provide a copy of the criminalhistory record check to the applicant. The applicant shall have the right toappear before the Board to appeal the Board's decision. However, an appearancebefore the full Board shall constitute an exhaustion of administrative remediesin accordance with Chapter 150B of the General Statutes.

(d)        Limited Immunity. –The Board, its officers, and employees, acting in good faith and in compliancewith this section, shall be immune from civil liability for denying licensureor apprentice designation to an applicant based on information provided in theapplicant's criminal history record check. (2003‑350, s. 11; 2004‑177, s. 2.)