North Carolina does not have a statewide ban-the-box law for private employers. Its expunction law gives some protection. Under N.C. Gen. Stat. 15A-153(c), an employer may not require a job applicant to disclose an arrest, charge or conviction that has been expunged. It also may not knowingly ask about one. Wake County removed the conviction question from its own job applications in 2016.
That protection only works if background check companies keep their records current. The FCRA requires screening companies to follow reasonable procedures for maximum possible accuracy. An expunged case that still appears, a dismissed charge reported as a conviction, or another person's record attached to your name may make a report inaccurate. Arrests and other non-conviction records older than seven years generally cannot be reported for most jobs. Before an employer acts on a report, it must give you a copy and a summary of your rights.
Renters in Raleigh, Cary and the towns of Johnston and Franklin counties may face tenant screening reports that mix criminal records, eviction filings and credit data. The same FCRA accuracy rules apply to tenant screening companies. Background check cases from the metro can be filed in the Eastern District of North Carolina, which holds court in Raleigh, or in North Carolina state court.
Where Raleigh FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from Raleigh are heard in one federal district:
- Eastern District of North CarolinaWake, Johnston and Franklin counties (Western Division). Courthouses: Raleigh.Filed with local or cooperating counsel
Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:
- Checkr: HQ in N.D. California
- First Advantage and Sterling: HQ in N.D. Georgia
- RealPage: HQ in N.D. Texas
Which court is right depends on your facts. We'll tell you at your free case review.
Local and state rules in Raleigh
- Wake County Fair Chance Hiring Ordinance (Wake County Personnel Policy Ordinance § 31.14, Criminal History Inquiries and Background Check Policy (adopted Apr. 18, 2016; effective May 1, 2016))
Wake County removed the conviction question from its initial job application. A background check comes only after an applicant is recommended for hire, and an applicant whose offer is withdrawn over criminal history may dispute the record's accuracy or relevance. It covers Wake County Government jobs only, not private employers or the City of Raleigh. Read it - North Carolina expunged records in employment (N.C. Gen. Stat. § 15A-153(c))
Employers and educational institutions may not require an applicant to disclose an arrest, charge or conviction that has been expunged, and may not knowingly ask about one. Applicants need not mention expunged records when answering questions about their history. Read it
State law also applies: see Background Check Error Lawsuits in North Carolina.
Common background check errors
- Someone else's criminal or eviction record matched to you by name
- Dismissed, sealed or expunged cases still reported
- Charges reported as convictions, or misdemeanors as felonies
- The same case listed several times
- Eviction filings reported without the dismissal or outcome
Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.
Frequently asked questions
My North Carolina record was expunged, but it showed up on a background check. Is that legal?
North Carolina law bars employers from requiring you to disclose an expunged record. A screening company that reports an expunged case as if it were still public may have produced an inaccurate report under the FCRA. You can dispute it with the company and may have a claim if it is not fixed.
Can a private employer in the Raleigh area ask about my criminal record?
North Carolina has no statewide ban-the-box law for private employers, so most private employers in the Raleigh area may ask about convictions. The FCRA still applies whenever an employer uses a background check company. You must give written permission, and you must get a copy of the report before the employer takes adverse action.
A Wake County apartment complex denied me based on a screening report. What are my rights?
The landlord must tell you it relied on a screening report and name the company. You can get a free copy and dispute any error, such as an eviction filing that was dismissed or a record that belongs to someone else. The screening company must reinvestigate and correct or delete information it cannot verify.
How long do I have to file an FCRA lawsuit in Raleigh?
FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.
Sources
- U.S. Census Bureau, Metropolitan and Micropolitan Statistical Areas Population Totals (Vintage 2025)
- U.S. District Court for the Eastern District of North Carolina, Counties by Division
- 28 U.S.C. § 113 (North Carolina districts)
- N.C. Gen. Stat. § 15A-153
- National Employment Law Project, Ban the Box: Fair Chance Hiring State and Local Guide
- Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
- N.C. Justice Center, Wake County's vote to ban the box (Apr. 19, 2016)
Updated November 2026. This page is general information, not legal advice.