State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_70 > GS_70-13_1

§ 70‑13.1.  Criminalrecord checks of applicants for permit or license.

(a)        The followingdefinitions apply to this section:

(1)        Applicant. – Aperson or entity applying for a permit or license under G.S. 70‑13 toconduct any type of archaeological investigation on State lands.

(2)        Criminal history. –A history of conviction of a state or federal crime, whether a misdemeanor orfelony, that bears upon an applicant's fitness to conduct archaeologicalinvestigations under G.S. 70‑13. The crimes include the criminal offensesset forth in any of the following Articles of Chapter 14 of the GeneralStatutes: Article 5, Counterfeiting and Issuing Monetary Substitutes; Article5A, Endangering Executive and Legislative Officers and Court Officers; Article6, Homicide; Article 7A, Rape and Other Sex Offenses; Article 8, Assaults;Article 10, Kidnapping and Abduction; Article 13, Malicious Injury or Damage byUse of Explosive or Incendiary Device or Material; Article 14, Burglary andOther Housebreakings; Article 15, Arson and Other Burnings; Article 16,Larceny; Article 17, Robbery; Article 18, Embezzlement; Article 19, FalsePretenses and Cheats; Article 19A, Obtaining Property or Services by False orFraudulent Use of Credit Device or Other Means; Article 19B, FinancialTransaction Card Crime Act; Article 19C, Financial Identity Fraud; Article 20,Frauds; Article 21, Forgery; Article 26, Offenses Against Public Morality andDecency; Article 26A, Adult Establishments; Article 27, Prostitution; Article28, Perjury; Article 29, Bribery; Article 31, Misconduct in Public Office;Article 35, Offenses Against the Public Peace; Article 36A, Riots and CivilDisorders; Article 39, Protection of Minors; Article 40, Protection of theFamily; Article 59, Public Intoxication; and Article 60, Computer‑RelatedCrime. The crimes also include possession or sale of drugs in violation of theNorth Carolina Controlled Substances Act, Article 5 of Chapter 90 of theGeneral Statutes, and alcohol‑related offenses such as sale to underagepersons in violation of G.S. 18B‑302, or driving while impaired inviolation of G.S. 20‑138.1 through G.S. 20‑138.5.

(b)        All applicantsshall consent to a criminal history record check. Refusal to consent to acriminal history record check or to the use of fingerprints or otheridentifying information may constitute grounds for the Department of CulturalResources to deny a permit or a license to an applicant. The Department ofCultural Resources shall be responsible for providing to the North CarolinaDepartment of Justice the fingerprints of the applicant to be checked, a formsigned by the applicant consenting to the criminal record check and the use offingerprints and other identifying information required by the State orNational Repositories of Criminal Histories, and any additional informationrequired by the Department of Justice. If the applicant is not an individual,the applicant shall provide fingerprints for the principals, officers,directors, and controlling persons of the applicant. Each set of fingerprintsshall be certified by an authorized law enforcement officer. The Department ofCultural Resources shall keep all information obtained under this sectionconfidential.

(c)        If an applicant'scriminal history record check reveals one or more convictions listed undersubdivision (a)(2) of this section, the conviction shall not automatically barthe issuance of a permit or a license. When determining whether to issue apermit or license to an applicant, the Department of Cultural Resources shallconsider all of the following factors regarding the conviction:

(1)        The level andseriousness of the crime.

(2)        The date of thecrime.

(3)        The age of theperson at the time of conviction.

(4)        The circumstancessurrounding the commission of the crime, if known.

(5)        The nexus betweenthe criminal conduct of the person and the person's responsibilities pursuantto the application.

(6)        The incarceration,probation, parole, rehabilitation, and employment records of the person sincethe date the crime was committed.

(7)        The subsequentcommission by the person of a crime. (2005‑367, s. 4.)