Criminal History Notice
SESSION LAW 2019-91. HOUSE BILL 770. (H770-v-7)
Pursuant to Session Law 2019-91, all licensing boards must to include a reference to the appeal process in any orders denying licensure based on criminal convictions. The Board may conduct a formal criminal or disciplinary history check. Answering “yes” to any of these questions or having a conviction, disciplinary or adverse employment action is not automatically a basis for denial of licensure.
When an applicant has a criminal conviction, the Board will consider:
- The level and seriousness of the crime.
- The date of the crime.
- The age of the person at the time of the crime.
- The circumstances surrounding the commission of the crime, if known.
- The nexus between the criminal conduct and the prospective duties of the applicant as a licensee.
- The prison, jail, probation, parole, rehabilitation, and employment records of the applicant since the date the crime was committed.
- The completion of, or active participation in, rehabilitative drug or alcohol treatment.
- A Certificate of Relief granted pursuant to North Carolina Gen. Stat. § 15A-173.2.
- The subsequent commission of a crime by the applicant.
- Any affidavits or other written documents, including character references.
If Board staff is unable to approve an application, the applicant has the right to request to have that application heard by the members of the Board. Any such request should be submitted in writing to the Board’s Executive Director. The Board will conduct that hearing pursuant to the North Carolina Administrative Procedure Act and the Board’s own hearing rules. As a result of the evidence presented at that hearing and considering the considerations outlined above, the Board may refuse to grant or may condition a license if it finds any of the grounds for doing so under North Carolina Gen. Stat. § 90-85.38(a).
If the applicant wishes to appeal the Board’s final decision, the applicant may seek review of the decision by filing a petition for judicial review in the Superior Court pursuant to Article 4 of the Administrative Procedure Act, North Carolina Gen. Stat. § 150B-43 et seq.