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Ban The Box

North Carolina Becomes Latest State to Ban the Box

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It’s a good day when we’re able to celebrate another state implementing “Ban the Box” policies in an effort to help those with criminal records find jobs. North Carolina Governor Roy Cooper has officially signed an executive order meant to implement fair chance policies within state jobs.

These state agencies are no longer allowed to ask applicants about their criminal records. “Ban the Box” refers to the box on job applications that people were forced to check if they had any type of criminal record. This box prevented many people from being seriously considered, because it didn’t allow people to explain or elaborate on why/how they ended up with a criminal record. People should not be automatically excluded from a position, especially when the record in question could have absolutely nothing to do with the job they’re interested in.

During a state Department of Public Safety conference, Cooper noted the following:

“People will get a chance to shine and show themselves on their own merit when they’re going through the employment process… There’s a wealth of talent out there, a wealth of people who’ve made a mistake who are now about to come back into society who could be good employees.”

Certain jobs will still require disclosing criminal records, but this only applies to jobs that require a security clearance or law enforcement certification. For the 1.7 million North Carolinians with criminal records, this will open a door to opportunities that they didn’t previously have. The order takes effect on November 1st.

If you’re looking for a second chance, an expunction might be the right thing for you. Our record-clearing software was designed to be faster and less expensive than hiring an expunction lawyer. Get started today with a free background check from easyexpunctions.com, so we can figure out what’s on your record and what we could possibly make disappear.

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Background Checks

Who Can Still View My Record After an Expunction?

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The key benefit of expunctions and non-disclosures is that it removes your arrest or conviction from as many eyes as possible. However, there are a few places in the country that will still have this information available to a set list of agencies. Expungement laws vary by state, so keep note if you live in one of the following:  

California: In California, an expunction is actually a dismissal. This means that law enforcement agencies in this state can continue to see the court records and share them with other agencies. Though law enforcement officials may still be able to see your record, regular civilians can’t—and anyone who unlawfully releases your sealed record can be hit with a $500-$2,500 penalty.

Mississippi: If you’ve had an expunction for a conviction in Mississippi, you still legally have to disclose the conviction when applying for a job in law enforcement or the military. This is also true when applying for professional licenses.

Nevada: The Nevada Gaming Commission can see expunged and sealed records, but only if they get a court order and only if the record is related to gaming. The Nevada Gaming Control Board can also see work applicant’s sealed records if the hidden offense is related to gaming. Sealed records in this state can be unsealed if the individual is arrested for another offense.

North Carolina: In North Carolina, it will be hidden from the public, but judges, prosecutors, and law enforcement agencies can still see your criminal record after an expunction. This also means that if you’re arrested for a subsequent offense, the court can consider your expunged offenses during trial.

Utah: Law enforcement agencies and federal authorities can access expunged records in Utah. In addition, state professional licensing agencies can access your records. The Bureau of Criminal Identification will see your expunged records if you apply for a concealed carry permit.

Note that no matter what state you’re in, even if you’ve had a record sealed, the FBI can still see it—this is because the FBI is a federal agency and therefore usually does not follow a state court’s order. But what’s important about expunctions is that they allow you to move forward with your life by hiding the incident from those who matter most—like landlords who decide whether or not to rent you a space, employers who are likely to consider an arrest when deciding if they should hire you, and nosy neighbors and friends who want to dig up dirt.

If you’re considering an expunction, the first step is determining what’s on your background check to begin with. Sign up for a free background report from Easy Expunctions and we can figure out your eligibility and your options to get the ball rolling on a better and brighter future.

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Second Chance Act

New Survey Suggests North Carolina Voters Support The Second Chance Act

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North Carolina is currently in the process of passing The Second Chance Act, a Senate bill that will make it much easier for reformed criminals to get nonviolent crimes off their records. As stated in a letter sent to the state House by a coalition of liberal and conservative organizations, “If this bill is passed, it will have a huge impact on the lives of hundreds of thousands of North Carolinians, especially people who are being denied a fair chance at employment, housing, and education based on dismissed charges and nonviolent misdemeanor convictions.”

Although the bill has not yet passed, people are clearly in favor of giving second chances. A new poll commissioned by the Raleigh-based Conservatives for Criminal Justice Reform gives us insight and tells us that registered voters:

• Favor 89% to 10%, a policy that automatically clears criminal records when a case is dismissed or the person is found not guilty.

• Favor 86% to 12%, the automatic removal of nonviolent misdemeanor convictions from a person’s record if the person has remained crime-free for at least seven years.

• Favor 81% to 18%, a policy that allows people to remove nonviolent misdemeanor convictions from their record if they have remained crime-free for at least five years.

The Second Chance Act is just that, a second chance. It would lessen North Carolina’s criminal record expunction statutes, providing more opportunity for people to clear their records of dismissed charges and low-level criminal convictions. Although North Carolina already permits people to expunge some charges and convictions from their records, the defendants have to petition the court and hire a lawyer for the best results. If the bill becomes law, some charges would be cleared from people’s criminal records automatically and more charges would be eligible to be cleared from their records. If you’re looking for your second chance, you might be able to find it at Easy Expunctions. We offer multiple affordable record clearing packages for qualifying charges. Don’t let legislation get in the way of a second chance you need—get started with a free background check at EasyExpunctions.com.

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Second Chance Act

North Carolina Senate Considers Legislation That Wipes Away Charges With Non-Guilty Verdicts

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The Second Chance Act is currently under consideration in North Carolina. This “clean slate” bill would automatically expunge criminal charges that are dismissed or ruled as “not guilty” and allows individuals convicted of nonviolent misdemeanors to petition for expungement after seven years of good behavior.

Several committee members expressed their concern regarding the outcome of the bill’s passage, which would likely result in a significant increase in expungement actions placed upon justice system officials. This enlarged workload proves to be trivial in comparison to the benefits the bill will provide to society. With the bill’s passage, more deserving citizens will be allowed to contribute to society, which allows for greater economic opportunities for both the individual and the state.

The majority of North Carolinians believe this act is undoubtedly a step in the right direction. Conservative groups such as Americans for Prosperity, ALEC Action, the NC Chamber, and Koch Industries supported the passage of the bill, as well as other progressive groups. The objectives of the Second Chance Act represent hope for Americans who have been living under the confines of their criminal record. If the bill is successful in its passage, all charges disposed as “not guilty” will automatically be expunged from a person’s criminal record after July 1, 2020 and America will be one step closer to achieving equal opportunity for deserving Americans.

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