H162: Local Gov't Applicants/Criminal History Check. Latest Version

Session: 2025 - 2026



AN ACT providing that counties and cities shall require criminal history record checks for applicants for employment if the position being filled requires the applicant to work with children in any capacity.



The General Assembly of North Carolina enacts:



SECTION 1.(a)  G.S. 153A‑94.2 reads as rewritten:



§ 153A‑94.2.  Criminal history record checks of employees permitted.



(a)        The board of commissioners may adopt or provide for rules and regulations or ordinances concerning a requirement that any applicant for employment be subject to a criminal history record check of State and National Repositories of Criminal Histories conducted by the State Bureau of Investigation in accordance with G.S. 143B‑1209.25 [G.S. 143B‑1209.26]. G.S. 143B‑1209.26. The local or regional public employer may consider the results of these criminal history record checks in its hiring decisions.



(b)        Notwithstanding the provisions of subsection (a) of this section, if the position being filled requires an applicant for employment to work with children in any capacity, the board of commissioners shall require the applicant be subject to a criminal history record check conducted by the State Bureau of Investigation in accordance with G.S. 143B‑1209.26.



SECTION 1.(b)  G.S. 160A‑164.2 reads as rewritten:



§ 160A‑164.2.  Criminal history record check of employees permitted.



(a)        The council may adopt or provide for rules and regulations or ordinances concerning a requirement that any applicant for employment be subject to a criminal history record check of State and National Repositories of Criminal Histories conducted by the State Bureau of Investigation in accordance with G.S. 143B‑1209.25 [G.S. 143B‑1209.26]. G.S. 143B‑1209.26. The city may consider the results of these criminal history record checks in its hiring decisions.



(b)        Notwithstanding the provisions of subsection (a) of this section, if the position being filled requires an applicant for employment to work with children in any capacity, the council shall require the applicant be subject to a criminal history record check conducted by the State Bureau of Investigation in accordance with G.S. 143B‑1209.26.



SECTION 2.  This act becomes effective October 1, 2025, and applies to applications for employment on or after that date.