NC S91

Changes language in G.S. 15A-145.4(h) and G.S. 15A-145.5(f) from "reverse" to "vacate" regarding administrative actions taken against persons with expunged records, and allows persons to reapply for occupational licensure after satisfying current education and licensing requirements.

Prohibits employers and educational institutions from requesting or inquiring about arrests, charges, or convictions that have been expunged, and applicants may omit reference to expunged matters in responses to inquiries.

Requires state and local government agencies to advise applicants that they are not required to disclose information about expunged arrests, charges, or convictions before requesting such disclosure, and prohibits denial of applications solely for refusing to disclose expunged information.

Exempts applicants seeking certification from the North Carolina Criminal Justice Education and Training Standards Commission or North Carolina Sheriffs Education and Training Standards Commission, who must disclose all felony convictions regardless of expunction status.

Establishes penalties enforced by the Commissioner of Labor for violations by employers, including a written warning for first violation and civil penalties up to $500 for subsequent violations; effective December 1, 2013 (except administrative action provisions effective immediately).