North Carolina Background Check Restrictions: Key Takeaways
- Private employers in North Carolina, including restaurants, may ask about criminal history at any hiring stage, as there is no statewide Ban the Box law for the private sector.
- State agencies are restricted by Executive Order No. 158 from asking about criminal history before the first interview and must exclude expunged, pardoned, or unrelated charges.
- Municipalities like Charlotte and Durham County have their own Ban the Box policies, but these apply only to public sector and contractors.
Understanding North Carolina’s background check restrictions is essential for restaurants to navigate hiring practices legally.
This guide clarifies when restaurants can ask about criminal history and offers key recommendations to stay compliant.
Learn more about restaurant background checks and how they are used in hiring.
1. Overview of Background Check Restrictions for Restaurants in North Carolina
North Carolina does not have a comprehensive statewide Ban the Box law that restricts private employers, such as restaurants, from asking about criminal history during hiring.
Therefore, restaurants can inquire about an applicant’s criminal background at any point in the hiring process without violating state laws.
For structured hiring, review restaurant manager interview questions to improve fairness and consistency.
However, some rules apply specifically to public sector employers and municipalities, which don’t extend to private restaurant employers.
2. Executive Order No. 158 and Its Limits on State Agencies
Effective November 1, 2020, Executive Order No. 158 restricts North Carolina's state agencies from including criminal history questions on initial job applications.
State agencies cannot conduct background checks before the first interview. The order also restricts the consideration of expunged or pardoned convictions, arrests without convictions, and charges unrelated to the job.
Consider organizing your hiring process steps to maintain compliant workflows.
Importantly, this executive order applies solely to state agencies and does not affect private employers, including restaurants.
3. Local Municipal Ban the Box Policies in North Carolina
Some cities and counties in North Carolina have implemented their own Ban the Box policies that limit when public sector employers and contractors can ask about criminal history.
Charlotte Ban the Box Policy
Since 2014, Charlotte’s Ban the Box policy prohibits city government jobs from requiring applicants to disclose criminal history on initial applications.
This policy applies only to city positions and does not restrict private restaurants or employers.
Durham County Restrictions
Durham County has enacted similar restrictions for city contractors and public employment, delaying criminal history questions until after initial screening.
These regulations do not apply to private restaurants in the county.
For back-of-house leadership, see these kitchen manager interview questions to standardize screening.
4. Guidance for Private Employers on Considering Criminal History
Even though private employers in North Carolina are legally permitted to ask about criminal history at any stage, it is advisable to follow federal best practices to reduce legal risks and promote fairness.
Use role-specific server interview questions to support consistent evaluations.
EEOC Recommendations from the Equal Employment Opportunity Commission
The EEOC recommends conducting individualized assessments when considering an applicant’s criminal history.
This involves evaluating:
- The nature and gravity of the offense
- The time elapsed since the offense
- The relevance of the offense to the job duties
Following these guidelines helps avoid discrimination claims under Title VII of the Civil Rights Act.
Handling Expunged Records and Pending Charges
Employers cannot ask about or consider expunged criminal records in hiring decisions.
Applicants are also not required to disclose expunged records.
Pending charges may be considered but must be handled cautiously and in line with individualized assessment principles.
Develop clear restaurant HR policies to guide hiring decisions and documentation.
5. Recommendations for Restaurants on Background Check Policies
To promote fair hiring practices and reduce legal exposure, restaurants should consider the following steps:
- Delay criminal history inquiries: Postpone asking about criminal records until after the initial interview or after a conditional job offer is extended.
- Conduct individualized assessments: Review the specific offense in context with the job requirements and the applicant's rehabilitation or time elapsed.
- Train hiring managers: Educate those involved in hiring about the EEOC guidelines and best practices to ensure consistent, non-discriminatory treatment of applicants.
When staffing your bar team, prepare with bartender interview questions tailored to your concept.
6. Legal Resources for Restaurants in North Carolina
For up-to-date information and official guidance, North Carolina restaurants can consult the following resources:
- U.S. Equal Employment Opportunity Commission (EEOC) Guidance on Arrest and Conviction Records
- North Carolina Department of Labor
- North Carolina Executive Order No. 158 Details (Department of Administration)
North Carolina Background Check Restrictions: Conclusion
In summary, restaurants in North Carolina are generally allowed to ask about criminal history at any hiring stage as no statewide Ban the Box law restricts them.
However, following best practices recommended by federal agencies like the EEOC—such as delaying inquiries, conducting individualized assessments, and training staff—can enhance compliance and reduce discrimination risk.
Being aware of municipal and state government restrictions is also important for distinguishing public sector rules from private employer obligations.
To streamline recruitment while staying compliant, learn how to post restaurant jobs effectively.
.webp)
.webp)
