§ 90-113.46A. Criminal history record checks of applicants for registration, certification, or licensure.
§ 90‑113.46A. Criminal history record checks ofapplicants for registration, certification, or licensure.
(a) All applicants for registration, certification, or licensureshall consent to a criminal history record check. Refusal to consent to acriminal history record check may constitute grounds for the Board to denyregistration, certification, or licensure to an applicant. The Board shallensure that the State and national criminal history of an applicant is checked.The Board shall be responsible for providing to the North Carolina Departmentof Justice the fingerprints of the applicant to be checked, a form signed bythe applicant consenting to the criminal history record check and the use offingerprints and other identifying information required by the State orNational Repositories, the fee required by the Department of Justice forproviding this service, and any additional information required by theDepartment of Justice. The Board shall keep all information obtained pursuantto this section confidential.
(b) If an applicant's criminal history record check reveals oneor more convictions as defined in G.S. 90‑113.31A(14), the convictionshall not automatically bar issuance of a credential by the Board to theapplicant. The Board shall consider all of the following factors regarding theconviction:
(1) The level of seriousness of the crime.
(2) The date of the crime.
(3) The age of the person at the time of the conviction.
(4) The circumstances surrounding the commission of the crime,if known.
(5) The nexus between the criminal conduct of the person and thejob duties of the position to be filled.
(6) The person's prison, jail, probation, parole,rehabilitation, and employment records since the date the crime was committed.
(7) The subsequent commission by the person of a crime asdefined in G.S. 90‑113.31A(14).
If,after reviewing the factors, the Board determines that the grounds set forth inG.S. 90‑113.44 exist, the Board may deny registration, certification, orlicensure of the applicant. The Board may disclose to the applicant informationcontained in the criminal history record check that is relevant to the denial.The Board shall not provide a copy of the criminal history record check to theapplicant. The applicant shall have the right to appear before the Board toappeal the Board's decision. However, an appearance before the full Board shallconstitute an exhaustion of administrative remedies in accordance with Chapter150B of the General Statutes.
(c) Limited Immunity. The Board, its officers and employees,acting in good faith and in compliance with this section, shall be immune fromcivil liability for denying registration, certification, or licensure to anapplicant based on information provided in the applicant's criminal historyrecord check. (2005‑431, s. 1.)