Gov. Roy Cooper signed legislation to preserve and update North Carolina's automatic expunction law, aiding individuals with certain criminal records in overcoming barriers to employment and housing. The law, which began in December 2021, faced suspension in August 2022 due to overwhelming volumes but resumed on July 1,2024 after revisions through Senate Bill 565. The revised bill ensures that automatic expunctions for "dismissed" or "not guilty" verdicts can continue, affecting over 1 million cases expected to be processed within a year.

Key Points:

• Automatic expunctions resumed: Effective July 1,2024 for certain verdicts.
• Legislative support: Bill faced repeal but was revised and approved.
• Massive backlog: Over 1 million cases eligible for expunction, expected to take a year to process.
• Access to records: Only prosecutors, the individual, or their attorney can access expunged records.
• Court system improvements: Transition to "eCourts" facilitates case management.

Optimism about AI in hiring is on the rise among both job seekers and HR professionals. A recent survey, which included 3,100 workers and 1,000 HR professionals from the U.S. and the U.K., highlights the growing confidence in the fairness of AI tools in the hiring process. However, experts stress the importance of transparency to fully harness AI’s potential for fair hiring practices.

Research indicates shifting perceptions about the fairness of AI tools:

• 64% of job candidates believe that AI tools treat applicants the same or better than human evaluators.
• 67% of HR professionals feel that AI is as good as or better than humans at identifying well-qualified applicants.

Despite the positive outlook, ensuring candidates are comfortable with the use of AI in hiring is crucial for maintaining positive employer perceptions while reaping the benefits of efficiency and fairness.

Candidates Craving Clarity About AI in Hiring

The survey underscores the need for clear communication about AI’s role in the hiring process:

• 79% of workers want to know if AI is being used in their job applications due to concerns about AI’s effectiveness in assessing potential and cultural fit.
• Workers are generally positive about AI reducing tedious, manual tasks in hiring, but they remain apprehensive about its unannounced use. 

This sentiment highlights the importance of transparency in AI application. Leaders who prioritize clear explainability about how AI is used will benefit from these new technologies without sacrificing applicant satisfaction or causing undue concern about fairness.

Embracing the Potential of AI in Hiring

The survey reveals that a significant proportion of HR professionals are optimistic about integrating AI into their hiring processes:

• 70% of HR professionals are either currently using or planning to use AI in hiring within the next year.
• 41% of those already using AI report increased productivity.

HR’s enthusiasm is primarily driven by the productivity benefits of AI in candidate communications, resume screening, and assessments. Meanwhile, job seekers are also leveraging AI to update resumes, write cover letters, and prepare for interviews.

Recommendations from Edify

To ensure transparency and maximize the benefits of AI in hiring, the following practical steps might be beneficial to incorporate into your organizations policy and procedure for AI usage in the hiring process:

1. Clear Communication: Inform candidates about the use of AI in the hiring process. This includes how and when AI is being used and the criteria it evaluates.

2. Ethical AI Platforms: Choose AI tools that are built on a solid foundation of AI ethics, backed by cutting-edge research and rigorous regulatory engagement.

3. Legal Compliance: Prioritize platforms with a well-established record of legal compliance. Validate claims with audits and documentation of fairness.

4. Continuous Monitoring: Regularly review and assess the performance and fairness of AI tools to ensure they meet ethical and legal standards.

5. Feedback Mechanisms: Implement feedback mechanisms for candidates to express concerns or provide input on their experience with AI in the hiring process.

By following these recommendations, employers can enhance transparency, build trust, and effectively leverage AI’s potential to create a fairer, more efficient hiring process.

What is "Ban the Box"?

"Ban the Box" is a campaign and policy initiative aimed at removing the checkbox from employment applications that asks candidates if they have a criminal record. The objective of this movement is to give individuals with criminal histories a fair chance at employment by delaying this question until later in the hiring process. This initiative seeks to reduce discrimination and provide ex-offenders with better opportunities to reintegrate into society.

How Does "Ban the Box" Work?

"Ban the Box" laws typically require employers to remove questions about criminal history from job applications and refrain from inquiring about criminal records until after an initial interview or conditional offer of employment. These laws aim to prevent immediate disqualification of candidates based solely on their criminal history, allowing them to be judged first on their qualifications and fit for the role.

Application of "Ban the Box" Laws to Businesses

The application of "Ban the Box" laws varies by jurisdiction, and it's important for businesses to understand how these regulations apply to their operations. Here are key considerations:

1. Jurisdiction-Specific Requirements: Different states and cities have their own versions of "Ban the Box" laws. Some require the removal of the checkbox from applications, while others may have additional stipulations regarding when and how criminal background checks can be conducted.

2. Timing of Inquiries: Generally, employers are prohibited from asking about criminal history until after a conditional job offer has been made. This ensures that all candidates are initially considered based on their qualifications and experience.

3. Individual Assessment: Some jurisdictions require employers to conduct an individualized assessment of the candidate’s criminal history, considering the nature of the offense, the time elapsed since the offense, and its relevance to the job.

4. Adverse Action Procedures: If an employer decides not to hire a candidate based on their criminal history, they must follow specific adverse action procedures, including providing the candidate with a copy of their background check and a summary of their rights under the Fair Credit Reporting Act (FCRA).

Steps to Ensure Compliance

To remain compliant with "Ban the Box" laws, organizations should take the following steps:

1. Review and Update Job Applications: Remove any questions related to criminal history from job application forms. Ensure that this change is reflected across all platforms, including online applications.

2. Train Hiring Managers and HR Personnel: Educate staff about the specific requirements of "Ban the Box" laws in your jurisdiction. Ensure they understand when and how they can inquire about criminal histories and the proper procedures to follow if a criminal record is discovered.

3. Develop Individualized Assessment Policies: Create a standardized process for conducting individualized assessments of candidates with criminal records. This process should include guidelines on evaluating the relevance of a candidate’s criminal history to the job.

4. Implement Adverse Action Procedures: Establish a clear process for taking adverse action based on criminal history, including providing required notices and allowing candidates the opportunity to respond to the findings.

5. Consult Legal Counsel: Work with competent legal counsel to ensure that your hiring processes and paperwork align with all applicable "Ban the Box" regulations. Legal counsel can help navigate the complexities of these laws and ensure full compliance.

Summary

"Ban the Box" laws are designed to promote fair hiring practices and reduce discrimination against individuals with criminal records.By implementing these steps, businesses can create a more fair and just hiring process, ensuring that all candidates are given a fair opportunity to compete for jobs based on their skills and qualifications. For tailored advice and to ensure compliance with all relevant laws, organizations are encouraged to consult with legal professionals.

At EDIFY Background Screening, we understand that driving history is a crucial aspect of hiring decisions, especially for positions involving the operation of vehicles. Our Motor Vehicle Records (MVR) Searches provide essential insights into a candidate's driving behavior, helping you make informed and responsible hiring choices.

Key Benefits of Our Motor Vehicle Records Searches:

• Nationwide Coverage: We offer comprehensive MVR searches across all states, ensuring you have access to the driving records of candidates no matter where they are located.
• Same Day Turnaround: For most states, we provide same day turnaround, allowing you to proceed with your hiring process without unnecessary delays.
• Driving Behavior Insights: Our MVR reports provide valuable details about a candidate's driving history, including traffic violations, license status, and any history of accidents, offering a clear picture of their driving reliability.
• Enhanced Risk Management: Understanding a candidate's driving history can help mitigate risks associated with unsafe driving practices, particularly important for roles involving the operation of company vehicles or transportation of goods or people.

Why Choose EDIFY's Motor Vehicle Records Searches?

• Expert Analysis: Our team of experts analyzes each report to ensure accuracy and relevance, providing you with clear and actionable insights.
• Customizable Solutions: We offer tailored reporting options where MVR Searches can be added to any order, ensuring you receive the most relevant information for each position.
• Jurisdictional Considerations: Some jurisdictions have specific requirements regarding the ordering and use of driving records. We help ensure that your use of MVR searches remains compliant.
• Dedicated Support: Our customer support team is always ready to assist you with any questions or concerns, ensuring a smooth and efficient screening process.

Choose EDIFY's MRVs for comprehensive, timely, and compliant driving history reports that help you make informed hiring decisions and manage risks effectively. Click Below to learn more!