North Carolina Background Check Requirements for Guardianship and Kinship Care

You are about to file for guardianship of a grandchild in North Carolina, and you wonder whether a decades-old misdemeanor will disqualify you. Background check requirements vary depending on the legal track — private guardianship, kinship foster care, and Chapter 50 custody each have different screening standards.

Private Guardianship (Chapter 35A)

When you file a minor guardianship application (AOC-E-208) with the Clerk of Superior Court, North Carolina law does not impose a mandatory statewide criminal background check. The Clerk has discretion over whether to require one.

In practice, some county clerks routinely order a criminal records check before appointing a guardian, while others do not unless there is a specific concern raised during the proceeding. If the clerk does order a background check, it typically involves a search of the North Carolina criminal records database and may include a check of the child abuse and neglect registry maintained by DSS.

A criminal record does not automatically disqualify you from being appointed guardian under Chapter 35A. The clerk evaluates the nature, severity, and recency of any offenses against the overall picture of your fitness to care for the child. A 20-year-old traffic conviction is treated very differently from a recent violent felony.

Kinship Foster Care (Chapter 7B / DSS)

If DSS is placing a child with you through the child welfare system, the background check requirements are significantly more extensive and mandatory. Federal law (the Adam Walsh Child Protection and Safety Act) and North Carolina administrative rules require:

• Criminal history checks
• DSS child abuse and neglect registry screening
• A home study or safety assessment

The required checks and any disqualifying rules depend on the foster-care placement and applicable licensing requirements. Ask the county DSS licensing worker to review the specific record and explain which rule applies before assuming a conviction either bars or permits placement.

Chapter 50 Custody

District Court judges hearing non-parent custody complaints under Chapter 50 do not have a standardized pre-filing background check requirement. However, a judge may order a home study or investigation — often through a court-appointed guardian ad litem (GAL) — that includes a criminal records review and home evaluation.

If the opposing parent raises concerns about the non-parent's fitness, the judge may require a more formal investigation. The results factor into the best interest analysis, not as automatic disqualifiers but as evidence the judge weighs.

What to Do Before Filing

If you have a criminal record and are considering filing for guardianship or custody:

• Obtain your own criminal history report from the North Carolina State Bureau of Investigation (SBI) so you know exactly what appears
• Check whether your record qualifies for expunction under N.C. Gen. Stat. § 15A-145 through § 15A-145.9 — certain old offenses can be cleared from the record
• Be prepared to address any convictions directly if the clerk or judge asks, focusing on rehabilitation and the time that has elapsed

A criminal record does not end the conversation for private guardianship or Chapter 50 custody. The court looks at the whole picture — your relationship with the child, your caregiving history, and your current circumstances matter more than a distant offense.

The North Carolina Guardianship and Custody Court Process Guide explains the screening requirements for each filing track and how to prepare if you have concerns about your background.

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