(A) It is the policy of the County of Wake that the initial application form used to gather information from job applicants shall not require any applicant to disclose prior criminal convictions, but shall contain a prominent notice informing all job applicants that “Position may require a background check. Unless required by state law, a record of conviction will not automatically exclude you from consideration for employment.
(B) Unless otherwise required by state law, Wake County will conduct a background check on an applicant once an applicant’s credentials have been reviewed, it has been determined that the applicant is otherwise qualified for a position, and the applicant has been recommended for hire by the department where the vacancy exists.
(C) The results of a background check cannot be used as a basis for denying employment unless the denial of employment is determined to be due to job-related issues or business necessity. To meet the job- related or business necessity, the following factors will be considered for those applicants with a history of criminal convictions in determining whether to hire the applicant; the nature and gravity of the offense and its relationship to the position, the time that has passed since the conviction and/or completion of sentence, the number (if more than one) of convictions, the individual’s age at the time of the offense, and whether hiring the applicant would pose a risk to the business and other evidence regarding fitness for the position such as character references.
(D) The County Manager may institute human resources policies and procedures to ensure consistent and fair application of the policy.
(Ord. passed 4-18-2016)