Charlotte Background Check for Employment: A Complete Guide [2025]

Employers in Charlotte use background checks to make smart hiring decisions and stay compliant with both North Carolina and federal employment laws.

At iprospectcheck, we deliver fast, reliable background screening services that support businesses throughout North Carolina.

This guide outlines the key laws and best practices for conducting employment background checks specifically in Charlotte.

What is a Charlotte Employment Background Check?

A background check in Charlotte, North Carolina, reviews a candidate’s criminal record, employment history, educational background, professional licenses, and other important details to help employers assess their suitability for the role.

Why Do Local Employers Conduct Background Checks?

Employers across North Carolina use background checks to verify candidate information and base hiring decisions on verified records, not just resume claims.

Here are some of the top reasons Charlotte employers rely on background screening:

1. Support a Safe Workplace

Reviewing criminal records helps uncover potential risks that could affect employees, customers, or the public.

This process is essential for building and maintaining a safe work environment.

2. Promote Fair and Consistent Hiring

Applying the same screening process to every applicant ensures objectivity and fairness.

It helps minimize bias and keeps employers in line with anti-discrimination laws.

3. Meet Legal and Industry Requirements

Charlotte employers must comply with federal laws, North Carolina statutes, and any local rules.

Certain industries have stricter requirements:

• Employers under the S. Department of Transportation (DOT) must conduct DOT background checks, DOT drug testing, and DOT physicals for regulated positions.
• Novant Health, a major healthcare provider in the Charlotte region, requires new hires to pass background and pre‑employment health screenings, including criminal record reviews and employment and education verifications, before their orientation date.
• The University of North Carolina at Charlotte conducts comprehensive background checks, including employment and education verification, criminal history reviews, and screenings for sensitive roles, to ensure a safe environment and comply with university policy and applicable laws.

4. Reduce Liability from Negligent Hiring

If an employer hires someone without proper vetting and that individual causes harm, it could lead to costly legal consequences.

Background checks demonstrate due diligence in the hiring process.

5. Protect Confidential Information

In industries like healthcare, finance, or law, employees often handle sensitive data.

Pre-employment screenings help ensure candidates can be trusted with private information.

6. Protect Your Company’s Reputation

Employees represent your brand to the public.

Screening applicants helps reduce the risk of reputational harm from hiring someone with a problematic background.

How to Conduct Employment Background Checks in Charlotte, NC

1. Create a Background Check Policy

Begin by establishing a clear policy that outlines when and how background screenings will be performed.

Ensure the policy aligns with federal regulations, North Carolina state laws, and any applicable Charlotte-specific guidelines.

Define which job categories require background checks.

2. Educate Your HR and Hiring Staff

Make sure your recruiting team is well-informed about their legal responsibilities.

Training should include how to request consent, interpret results, and respond appropriately to findings while staying compliant.

3. Provide Disclosure and Get Written Consent

Before running any checks, give applicants a separate disclosure that explains the screening process.

You must also obtain their written authorization in line with the Fair Credit Reporting Act (FCRA).

4. Use a Trusted Background Check Provider

Partner with a screening company like iprospectcheck that delivers quick, accurate, and legally compliant services tailored to North Carolina employers.

5. Time the Background Check Correctly

While North Carolina doesn’t have a statewide ban-the-box law for private employers, Charlotte has restrictions for public positions.

To remain compliant, background checks should typically occur after a first interview or following a conditional job offer.

6. Tailor the Check to the Job Requirements

Limit the background check to elements relevant to the position.

For example, driving records should be reviewed for driving-related roles, and professional licenses should be verified for regulated occupations.

7. Keep Candidates Informed Throughout the Process

Maintain open lines of communication with applicants at every stage.

Once the report is reviewed, share any relevant updates and be prepared to discuss concerns if they arise.

8.  Consider Criminal Records on an Individual Basis

If criminal history is reported, evaluate the offense type, how much time has passed, and whether it relates to the responsibilities of the job.

Employers are encouraged to make individualized decisions instead of automatically rejecting candidates based on their records.

9. Follow the FCRA’s Adverse Action Process

If you decide not to proceed with an applicant based on their background check, you must:

• Provide a Pre-Adverse Action Notice along with the background check report and a copy of the “Summary of Your Rights Under the FCRA.”
• Give the applicant time to respond or dispute the findings.
• If the decision remains, issue a Final Adverse Action Notice along with the required documentation.

What Shows Up on a Charlotte Background Check?

The details revealed in a background check depend on what type of report is requested.

Most employers in Charlotte include the following components:

Criminal History

If a candidate has a criminal background, the report may include:

• Case or docket number
• The court where the case was filed
• Date of the incident or charge
• Nature and description of the offense
• Classification (misdemeanor or felony)
• Final disposition and date
• Sentencing details, if applicable

North Carolina law limits how expunged or sealed records may be considered during the hiring process.

Employment Verification

Employment verification confirms a candidate’s past work experience, including:

• Names and locations of previous employers
• Start and end dates for each role
• Job titles and primary responsibilities

Education Verification

This check verifies academic background and may include:

• School or university names and locations
• Enrollment and graduation dates
• Degrees or certifications earned

Professional License Verification

For jobs that require licensing, this check confirms:

• License holder’s name
• Type and number of the license
• Current status (active, inactive, suspended, expired)
• Licensing agency
• Issue and expiration dates
• Any public disciplinary records

Identity Verification

Used to confirm identity and prevent mix-ups, this typically includes:

• Full legal name and known aliases
• Past address history
• Date of birth

Motor Vehicle Records (MVR) Check

For positions that involve operating a vehicle, MVR checks may include:

• Driver’s license class and number
• Issuance and expiration dates
• Legal name and address listed on the license
• Records of DUIs, accidents, or traffic violations
• Any suspensions or revocations

Important Laws and Regulations

Federal Laws

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) sets national rules on how consumer reporting agencies (CRAs) collect, use, and share personal background information.

It also outlines the steps employers must take when using background checks during the hiring process.

For positions paying less than $75,000 annually, the FCRA restricts the reporting of certain details older than seven years, such as:

• Arrests that didn’t lead to convictions
• Paid tax liens
• Civil lawsuits and court judgments
• Chapter 13 bankruptcies (Chapter 7 can be reported for up to 10 years)
• Accounts sent to collections

Before requesting a background check, employers must:

• Give applicants a standalone notice explaining the background screening
• Obtain the applicant’s written authorization

If a hiring decision is influenced by the background check, employers are required to:

• Provide a copy of the background report and a pre-adverse action notice
• Allow the applicant time to review and dispute any inaccurate information
• If the decision remains unchanged, issue a final adverse action notice and include a summary of the applicant’s rights under the FCRA

Fair Chance to Compete for Jobs Act (FCA)

The FCA applies to government agencies and contractors, requiring them to hold off on asking about criminal records until after a conditional job offer is extended.

Noncompliance can lead to penalties or the loss of federal contracts.

Title VII of the Civil Rights Act of 1964

Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin.

Enforced by the Equal Employment Opportunity Commission (EEOC), this law encourages fair consideration of criminal records.

If a background check reveals a criminal history, employers should:

• Assess whether the offense is relevant to the role
• Consider how much time has passed since the conviction
• Evaluate potential safety or performance risks

Automatically excluding candidates because of their criminal history, without an individualized review, could result in legal challenges under Title VII.

State Laws

Required Background Checks for Regulated Industries

Under N.C. Gen. Stat. § 131D-40 and other applicable state statutes, certain employers in North Carolina are legally required to conduct background checks before hiring.

This applies to businesses that provide child care, health care, mental health services, substance abuse treatment, and services to individuals with disabilities.

These laws aim to protect vulnerable populations by ensuring that individuals with relevant criminal histories are appropriately screened.

Fair Hiring Practices for State Agencies

Signed by Governor Roy Cooper in August 2020, Executive Order No. 158 implements “ban-the-box” style hiring procedures for North Carolina state agencies.

This law was effective on November 1, 2020, and prohibits state agencies from asking about an applicant’s criminal history until after an initial interview has taken place.

Key requirements include:

• Criminal history questions must be removed from initial job applications.
• Background checks cannot be conducted until after the candidate is deemed qualified and interviewed.
• Agencies may not consider arrests without convictions, expunged or pardoned records, or charges unrelated to the job role.
• Applicants must be given the opportunity to provide context for any convictions before a final decision is made.

While this executive order currently applies only to state agencies, it sets a precedent for potential future regulations affecting private employers in North Carolina.

Criminal History Record Checks for Nursing Homes and Home Care Agencies

Under N.C. Gen. Stat. § 131E‑265, applicants for certain positions in nursing homes or home care agencies have to consent to state (and sometimes national) criminal history record checks.

If the person has lived in the state for less than five years, a national check (including fingerprints) is required.

Under this law, those who refuse to consent to a background check cannot be hired.

Child Care Law

Under N.C. Gen. Stat. § 110‑90.2, any person aged 16 or older who works in a licensed or regulated child care facility in North Carolina must undergo a criminal background check, and their fitness must be assessed.

Effect of Expunction

N.C. Gen. Stat. § 15A‑153 prohibits employers and educational institutions from asking about or penalizing individuals for arrests, charges, or convictions that have been expunged (i.e., cleared from the record).

Those expunged entries must not be disclosed in many employment or educational applications.

Local Government Requirement for Positions Working with Children

As of October 1, 2025 (per S.L. 2025‑16), NC law requires that for city or county positions involving work with children, applicants must undergo fingerprint‑based state and national criminal history checks via the State Bureau of Investigation (SBI).

North Carolina Drug Testing Law

Under N.C. Gen. Stat. § 95-230 to 95-235, employers that perform drug tests must follow the requirements outlined in the statutory law and regulations from the North Carolina Department of Labor.

However, these rules don’t apply to employers regulated by the U.S. Department of Transportation (DOT) or the Nuclear Regulatory Commission (NRC).

Instead, employers regulated by these agencies must follow the federal drug testing regulations.

Under 13 N.C. Admin. Code 20.0601-0602, employers must pay for drug tests, including associated expenses.

However, if an applicant or employee tests positive, they must pay all expenses associated with retesting the specimen.

Employers that violate the state’s rules for drug testing can face civil penalties as outlined in N.C. Gen. Stat. § 95-234.

E-Verify Use Required

According to N.C. Gen. Stat. §§ 64-25 to 64-26, private employers with at least 25 employees are required to use E-Verify to confirm an applicant’s work authorization upon hiring.

Under 25 N.C. Admin. Code 1H.0636, state agencies must also use E-Verify within three working days of hiring someone.

Medical Testing Law

Under N.C. Gen. Stat. § 14-357.1, employers with at least 25 employees can’t require applicants to pay for medical tests or records as a condition of employment.

This law expressly exempts employers with fewer than 25 employees.

Employers that violate this law are subject to a fine of $100 per violation.

Charlotte Ban-the-Box Policy

Charlotte has an administrative policy that applies to public city employers.

This law prohibits public employers from asking about criminal history on job applications.

It also requires criminal background checks for all jobs with the city, including volunteer and intern positions.

However, city employers must wait to conduct criminal background checks until an applicant is chosen as a finalist.

Get a Background Check with iprospectcheck

Industries such as healthcare, finance, education, and technology must meet rigorous hiring standards and follow strict regulatory guidelines.

At iprospectcheck, we deliver fast, accurate, and fully compliant background screening services designed to meet the unique needs of your organization.

Our comprehensive reports support confident hiring decisions while ensuring compliance with all applicable federal and North Carolina state laws.

For more information or to request a free quote, give us a call at 888-509-1979.

DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.