North Carolina ban-the-box rules: Executive Order 158, cities and recruiters

North Carolina has no statewide ban-the-box law for private employers, as of October 2026: no statute sets a point in hiring before which a private company may ask about criminal history. The state's ban-the-box rule is Executive Order 158, signed August 18, 2020, which removed the criminal history question from state job applications and bars state agencies under the Governor from criminal history inquiries until at least after an initial interview. Every employer, public or private, is bound by G.S. 15A-153, which forbids asking about expunged records. We found no city or county ordinance that sets a timing rule for private employers.

Does North Carolina have a ban-the-box law for private employers?

No. We found no North Carolina statute that restricts the timing of criminal history questions for private employers, and the Governor's FAQ on Executive Order 158 says private entities "are not subject to this Order." What the General Statutes do restrict is questions about expunged records. G.S. 15A-153 says an employer may not require an applicant, in an application, interview or otherwise, to disclose an expunged arrest, charge or conviction, and may not "knowingly and willingly inquire" about one. The same section says nothing in it stops an employer from asking about charges or convictions that have not been expunged. The Commissioner of Labor enforces it: a written warning for a first violation, then a civil penalty of up to $500 for each later violation. It creates no private right to sue.

In practice that means a private North Carolina employer may ask about convictions on an application, but the question must be worded so it does not reach expunged matters. Dismissed charges disposed of since December 1, 2021 are generally expunged automatically, so a broad "have you ever been charged" question is riskier than it looks. Our North Carolina background check laws guide covers expunction, Certificates of Relief and the jobs that require checks.

What applies to North Carolina state government jobs?

Executive Order 158, "Furthering Fair Chance Policies in State Government Employment," was signed by Governor Roy Cooper on August 18, 2020 and took effect immediately, with agencies given until November 1, 2020 to finish implementing it. According to the Governor's FAQ on the order, it:

• removes criminal history questions from the state application for employment;
• prohibits state agencies from background checks "or other inquiries into an applicant's criminal history" until "at least after the completion of an initial job interview";
• allows decisions based on criminal history only if it is "demonstrably job-related and consistent with business necessity" for the position, or if state or federal law bars hiring a person with certain convictions for it;
• bars agencies from considering expunged or pardoned convictions, charges or convictions unrelated to the job, arrests not resulting in conviction, and charges ending in dismissal or a not guilty finding;
• requires agencies, unless law prohibits it, to give an applicant a copy of the criminal record from a check and a reasonable opportunity to explain a relevant conviction and show rehabilitation, including a Certificate of Relief.

The order does not apply to positions where a conviction disqualifies the applicant, including jobs needing a security clearance or access to sensitive public safety information, jobs requiring certification by the Criminal Justice or Sheriffs' Education and Training Standards Commissions, and positions covered by the Prison Rape Elimination Act. The Office of State Human Resources still publishes Executive Order 158 FAQs for applicants, which also say agencies provide a copy of "A Summary of Your Rights Under Fair Credit Reporting Act." We found no later order rescinding it, but could not confirm its current status beyond that.

The order does not bind state agencies outside the Governor's oversight, counties, municipalities or local government agencies. State contractors are "encouraged" to adopt similar policies; the order directed the Department of Administration to study extending them to contractors, and we did not find a resulting requirement.

Can North Carolina cities and counties pass their own rules?

The Governor's FAQ notes that "numerous local governments across North Carolina have implemented fair chance hiring policies." We did not confirm which ones, what they say, or whether any reaches private employers. Two state laws frame what a local rule can do:

• The 2017 moratorium has expired. Section 3 of Session Law 2017-4 (House Bill 142, ratified March 30, 2017) said no local government "may enact or amend an ordinance regulating private employment practices." Section 4 made that section expire on December 1, 2020.
• Contractor conditions are limited. G.S. 160A-20.1 (cities) and G.S. 153A-449 (counties) say a local government "may not require a private contractor under this section to abide by any restriction" it could not impose on all employers in its area, as a condition of bidding on a contract.

A city or county can still decide how its own applications and hiring work. If your client is a local government, ask for its written fair chance policy rather than assuming the state order applies.

When can you ask about criminal history in North Carolina?

Some jobs come with their own required checks regardless of timing preferences. For example, nursing homes, home care agencies and the contract agencies that staff them must run criminal history checks as a condition of an offer under G.S. 131E-265, as our background check guide explains. Those required checks are also the main exception in Executive Order 158.

What federal rules still apply?

Title VII still applies to how a record is used, including its disparate impact provision in 42 U.S.C. § 2000e-2(k). The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026, but a job-related review using the Green factors from the 1975 Eighth Circuit case (the nature and gravity of the offense, the time since it and the nature of the job) is still the safe practice, and it mirrors the job-related standard in Executive Order 158. Reports from a screening company trigger the FCRA's disclosure, authorization and adverse action steps; see the FCRA background check process. Federal contractors also have the Fair Chance to Compete for Jobs Act, which bars requesting criminal history for contract-related positions before a conditional offer; see ban-the-box laws and interview questions.

Are any North Carolina ban-the-box bills pending?

We did not identify a 2025–2026 bill in the General Assembly that would create a statewide timing rule for private employers. Earlier sessions considered fair chance bills that were not enacted. Check the General Assembly's site before relying on this.

What should recruiters and staffing agencies do in North Carolina?

G.S. 15A-153 applies to any employer, so an agency's own application and screening questions must avoid expunged records. If the agency places workers in nursing homes or home care, it has its own check duties under G.S. 131E-265. Agency licensing is a separate question, covered in staffing agency licensing in North Carolina.

Questions to settle at intake

• Is the client a state agency under the Governor, another state body, a city or county, or a private employer?
• If it is a city or county, does it have a written fair chance hiring policy, and at what stage does it allow questions?
• Does a law require a criminal history check for this role, or bar people with certain convictions from it? Which law?
• Who orders the check, who reviews it against the job, and who sends the FCRA notices?
• Does the client's application ask about arrests or charges in a way that could reach expunged matters?

A short script

Candidate volunteers a record: "Thanks for telling me. Criminal history isn't part of my screen, so I won't note it. If the employer runs a check, that comes later, and you'd see anything they rely on."

State agency client asks you to pre-screen records: "Executive Order 158 holds criminal history inquiries until after the initial interview, so I'll leave it to your process after that."

Private client wants "Have you ever been arrested or charged?" on the form: "North Carolina bars questions that reach expunged records, and many dismissed charges are now expunged automatically. If you ask at all, ask about convictions that have not been expunged, and ideally later in the process."

A North Carolina checklist

1. Identify whether the employer is a state agency under the Governor, a local government with its own policy, or a private employer.
2. Reword application questions so they cover only convictions that have not been expunged.
3. For state agency roles, keep criminal history out of everything before the initial interview.
4. Keep volunteered information out of notes and submittals; see what not to write in interview notes.
5. For the full state hiring checklist, see hiring employees in North Carolina; for a written internal policy, start from our fair chance hiring policy template.

North Carolina ban-the-box rules at a glance