Body
University Policy
Title
Background Check Policy for Employees and Affiliates
Introduction
Purpose
The University is dedicated to fostering a secure and inclusive environment for all students, employees, visitors, and community members. To uphold this commitment, the University prohibits employing or appointing individuals whether paid or unpaid whose non‑expunged criminal convictions, arrests, charges, or significant driving infractions (when driving a University/State-owned or personal vehicle is an essential job duty) present an unacceptable risk to safety.
The background check process exists to identify such concerns and to guide fair, informed decisions about whether an individual is eligible for appointment. All required background checks must be satisfactorily completed prior to a candidate beginning work or an affiliate starting their appointment.
Scope
This Policy applies to:
- SHRA employees
- EHRA employees
- Faculty employees
- Unpaid volunteers, interns, and visiting scholars
- UNC independent contractors
This Policy does not apply to:
- Individuals under age 18
- Law enforcement officers (see the University's Applicant Background Investigations Policy, managed by the University Police Department)
Governing Policies with Background Check Requirements
A background check may be required in accordance with the following policies:
- the University’s Recruitment & Hiring Policies, managed by OHR Employment and EHRA HR;
- the University's Policy on Unpaid Volunteers, Interns and Visiting Scholars, managed by the Office of Human Resources;
- the University's Policy on the Protection of Minors, managed by the Office for the Protection of Minors (POM);
- the University's Independent Contractor Policy, managed by Accounts Payable & Vendor Services; and
- federal regulations related to access or use of chemical or biological agents (regulated select agents), as determined and managed by the University's Department of Environment, Health & Safety (EHS);
- the University's Applicant Background Investigations Policy, managed by the University Police Department.
Roles and Responsibilities
The Background Check unit of the Office of Human Resources (OHR) conducts background checks, evaluates results, and makes a final determination as described within the Policy and this Procedure. The Background Check unit does not determine whether a background check is required. Background checks are required in accordance with the below noted governing policies. All questions related to these policies should be discussed with the below noted managing units.
Each managing unit is accountable for implementing and overseeing background check requirements and exceptions for the appointment(s) they oversee. The hiring/appointing department determines when a background check is necessary, initiates the background check request, and is responsible for associated background check fees as outlined in the Policy and Procedure.
Policy Statement
What the Policy Requires
A background check may be required before an individual begins employment or an appointment. An individual must give complete and truthful information about criminal history, driving violations (when relevant), and required credentials. If an individual refuses to provide information or gives false information, the University may:
- Reject their application
- Withdraw their job offer
- End their employment or appointment
Requirements and Exceptions
To determine when a background check is required for a given appointment type refer to the Requirements and Exceptions webpage.
Background Check Components
The following components are conducted:
- Residency history and social security trace (includes Social Security Administration Death Master File search);
- Criminal convictions checks for all names/aliases across relevant federal, state, local, and international jurisdictions within the past seven (7) years (earlier results may be considered if reported);
- Federal criminal court records check;
- State Bureau of Investigation (SBI) and Federal Bureau of Investigation (FBI) criminal record history check for Carolina Community Academy positions;
- National sex-offender registry check;
- Federal debarment database review (e.g., System for Award Management, Office of Inspector General) for paid appointments;
- Education credential verification, if applicable;
- Professional license verification for positions requiring licensure; and
- Driver’s license record verification for positions with driving responsibilities.
Driver's License Check
The University requires a driver’s license check as part of the background check for covered individuals whose job duties include driving as an essential function or who may be expected to operate a University- or State-owned vehicle. For more information, refer to the Background Check Procedure. This requirement does not apply to individuals who only use their personal vehicles for routine travel (e.g., attending meetings or events) in the course of their job duties.
Federal Debarment Check
As part of the background check process, the University conducts a federal debarment review for all individuals in paid appointments using the System for Award Management (SAM) and Office of Inspector General (OIG) exclusion databases. This requirement does not apply to individuals in unpaid appointments.
The University cannot employ anyone currently excluded (“debarred”) from working for a federal contractor. For more information, refer to the Background Check Procedure.
Education and Professional Credentials
North Carolina General Statutes (N.C.G.S. 126-30 and 14-122.1), North Carolina Administrative Code (25 N.C.A.C. 01H .0637), Office of State Human Resources Selection of Applicants Policy, UNC System Office Policy Code 300.2.3[R], and the University's Recruitment and Hiring Policy require the verification of education and professional credentials within ninety (90) calendar days of the initial date of employment.
Further, these laws and policies require disciplinary action up to and including termination of employment if false or misleading information is discovered. If education and/or professional licensure cannot be verified, the appropriate managing office in consultation with the appointing department, will determine whether the appointment may proceed.
Credentials that require verification are:
- The highest post-secondary degree in all cases; and
- Any professional license, registration or certification, indicated on the selected individual's Application for Staff Employment, used to qualify the individual, set the salary and/or as required by regulation for the position.
An individual may be appointed as a Postdoctoral Scholar if they have completed all of the requirements for a doctorate (or equivalent terminal degree) before their Postdoctoral Scholar appointment begins even if the degree has not yet been formally conferred. For more information, refer to the Postdoctoral Scholar Policy.
For more information about U.S. and international degree verification requirements, refer to the Background Check Procedure.
Previous Background Check Results
Previous satisfactory background check results may be valid for up to twelve (12) months following completion of the check, which is known as the validity period. If there are adverse results on the previous check, a new individualized assessment will be conducted. If more than twelve (12) months have passed, previous results are no longer valid and a new background check must be conducted when one is required.
Adverse Background Check Results
The University reviews:
- Any non‑expunged convictions, charges, arrests
- Driving violations (if driving is required)
- False or missing information
- Credential falsification
In the event of an adverse background check that results in a potential determination that bars appointment, a individual is entitled to certain notification rights under the federal Fair Credit Reporting Act. For more information, refer to the Background Check Procedure.
Offer of Employment/Appointment
Unless a contingent offer of employment is authorized, the appointing department must receive the final results of a background check that demonstrate satisfactory outcome (with the exception of the credentials verification) prior to extending an offer of employment or appointing an unpaid affiliate and the individual reporting for duty or performing services for the university. For more information, refer to the Background Check Procedure.
Effective Date of Appointment
An appointment effective date must occur no later than twelve (12) months after the background check is satisfactorily completed, unless the Senior Associate Vice Chancellor for Human Resources and Academic Personnel or their designee approves an exception to policy (e.g., conditional start pending completion of the background check). If this timeline is exceeded, a new background check must be completed prior to the individual beginning the appointment. For more information, refer to the Background Check Procedure.
Background Check Fees
Appointing departments will be charged the following background check fees for each background check ePAR request that is completed:
- Administrative background check fee
- Background check vendor fees, as applicable
For a schedule of these fees, refer to the UNC Background Check Pricing Schedule.
Reporting of Criminal Convictions Post-Appointment
As per policy, employees and affiliates covered by the Reporting of Criminal Convictions for Current Staff, Non-Faculty and Faculty Employees, Student Employees and Affiliates policy are required to report any criminal conviction(s) within five (5) business days of the conviction(s) or other covered criminal disposition or at the first possible opportunity if the individual is incarcerated. For more information, refer to the referenced policy managed by OHR Employee and Management Relations.
Confidentiality and Privacy
Employers are prohibited from sharing background check information with a third-party in accordance with federal and state laws such as the Fair Credit Reporting Act (FCRA), which regulates the collection and use of background check information. As such, the University does not use or share background check information with a third-party such as another employer. This includes our constituents such as NC State or other entities such as UNC Health.
University officials who have access to information collected pursuant to this policy must ensure that it is held confidentially and securely and that it is disclosed only to University or State officials who have a direct role in acting on this information. This information is considered non-public personnel information. An individual may request a copy of their background check as follows:
- Candidate/appointee prior to appointment may request a copy of their background check results by contacting the Background Check unit at backgroundcheck@unc.edu.
- Current employee may request a copy of their background check results by submitting a request to the OHR Records & Information Unit. To receive a copy, the individual must present valid photo identification (e.g., U.S. passport, driver’s license, or state-issued ID) in person to a representative.
Definitions
Background check: a search of federal and applicable local and state jurisdictions for criminal convictions, national sex offender registration, driver's license history, and verification of education and professional license credentials. For paid appointees, the University also checks federal contractor debarment status. These background checks are intended to provide relevant information to the University about the candidate's suitability for appointment.
Background check ePAR: an electronic personnel action request in ConnectCarolina that is completed and submitted by the appointing department's background check initiator to request a background check.
Centers for Disease Control (CDC)/United States Department of Agriculture (USDA) regulated select agent: a subset of biological agents and toxins that the Departments of Health and Human Services and Agriculture have determined to have the potential to pose a severe threat to public health and safety, to animal or plant health, or to animal or plant products.
Contingent offer: A contingent offer is a formal job offer that is dependent on the candidate completing certain hiring requirements such as a background check. The contingent offer must be made in writing and indicate that the offer of employment is contingent on the satisfactory outcome of the pre-employment process. The contingent offer may be rescinded for a variety of reasons including but not limited to adverse background check results following an individualized assessment. A contingent offer is available for certain positions as outlined above. Once all hiring requirements are met, the job offer can be finalized, and the candidate is eligible to work with the university.
Credentials: the highest post-secondary degree in all cases and any professional license, registration or certification used to qualify the candidate, set salary or required by regulation for the position.
Criminal conviction: all prior non-expunged criminal convictions and acknowledgements of criminal responsibility (e.g., pleas, prayers for judgment, etc.) for any unlawful offense, including but not limited to those subject to the jurisdiction of a military court, violations of local ordinances or state laws that result in fines, misdemeanors, or felonies. Previous non-expunged convictions, arrests or charges do not automatically disqualify a candidate from consideration for employment/appointment. The University will perform an individualized assessment to determine whether the underlying conduct warrants exclusion from employment based on several factors, including the nature of the underlying conduct, nature of the job, and the time elapsed since the conduct occurred. Please refer to the Background Check Procedure for additional information. Consistent with applicable law, any expunged arrest, charge, or conviction is not required to be disclosed and will not be considered as a condition of employment.
Driving infractions: all driving-related charges, prayers for judgment, and non-contested charges for which the covered individual has been found guilty, and which are recorded on the covered individual's driving record by a court and/or state motor vehicle licensing authority.
EHRA employee: any individual employed by the state and is Exempt from the Human Resources Act (EHRA).
Faculty employee: any individual who serves as a paid or unpaid faculty member.
Non-faculty employee: any employee other than a faculty member who may or may not be covered by the State Human Resources Act, commonly known as SHRA and EHRA Non-Faculty appointments.
SHRA employee: any individual employed by the state under the State Human Resources Act (SHRA).
UNC independent contractor: an individual engaged by the University but determined to be a contractor rather than an employee based on U.S. Internal Revenue Service and University procurement guidelines.
Unpaid affiliates: individuals engaged by the University in unpaid capacities in support of the University's mission of teaching, research, and public service (e.g., unpaid volunteers, interns and visiting scholars).
Related Requirements
External Regulations and Consequences
University Policies, Standards, and Procedures
Contact Information
Primary Contact
Questions About Background Check Requirements and Exceptions
For specific policy related questions including whether or not a background check is required, please contact the managing units listed above in the section titled “Governing Policies with Background Check Requirements.”
General Questions About Background Check Policy and Procedure
Contact: OHR Background Check unit
Telephone: (919) 962-5742
Email: backgroundcheck@unc.edu