Predetermination

Predetermination Procedures

Individuals with a criminal history may petition the Board at any time prior to applying for a license to determine if the individual’s criminal history will likely disqualify them from obtaining a license. Individuals may receive such a predetermination through either a formal or informal process. 

For an informal determination, individuals need only submit in writing the criminal history they wish to have considered.  There is no cost for the review and the Board will respond in writing within 30 days of the submission.  However, the informal predetermination is not binding on the Board should the petitioner become an applicant in the future.

For a formal predetermination, the individual must submit a petition that includes the following information:

• Legal name and previous names, if any;
• Mailing, physical, and email addresses;
• Social security number;
• Date of birth;
• Telephone number;
• Address of residences for the past seven years;
• Employment history since the date the crime(s) was committed;
• Criminal record report prepared no more than 60 days prior to the date of the petition;
• certified copy of the complete court file related to any conviction reported on the petition or noted on the criminal record report;
• Written statement describing fully and truthfully the circumstances surrounding the commission of the crime(s);
• Written statement of any rehabilitation efforts, if applicable;
• Rehabilitative drug or alcohol treatments, if applicable;
• Certificate of Relief granted pursuant to G.S. 15A-173.2, if applicable;
• Affidavits or other written documents, including character references, that petitioners intend to submit for review;
• Certification
• Signature
• Check or money order for $45 fee

After all information is received by the Board, the petitioner will receive a response within 45 days.  A formal predetermination that the individual is eligible for licensure shall be binding on the Board so long as the petitioner fulfills all other requirements of licensure and at the time of the application the criminal history subject to formal predetermination remains correct, complete, and unchanged.

Should the Board determine that the petitioner would likely be denied a license based on criminal history, the Board will notify the petitioner in writing of the following:

• The grounds and reasons for the predetermination.
• That the petitioner has a right to complete any requirements for licensure and have their application considered through the normal application process.
• That further evidence of rehabilitation will be considered at the time of application.

The formal predetermination is not a final agency decision and not subject to judicial review under Article 4 of Chapter 150B of the General Statutes.

Download the Petition for Predetermination