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Expungement of Dismissed Charges in North Carolina

On Lawyer & Legal » criminal law & procedure

2,742 words with 6 Comments; publish: Sun, 11 Nov 2007 23:35:00 GMT; (80095.70, « »)

During college I was charged with Underage Consumption, and Resist Delay & Obstruct a public officer. However the court dismissed both of my charges. I had maintained a clean record up until that point, and I was only required to complete 24 hrs of community service. Right now I am in the process of receiving an expungement. I am very concerned about anything showing up on my criminal record as I have a Criminal Justice degree, and I was planning on applying to a local law enforcement agency. I plan to follow through on every step of the expungement (Checking the county court records, the arresting agency, etc..) , however I am very concerned with how the FBI will handle this. I know that law enforcement can access the NCIS. I also know that the NC SBI will send an expungment form to the FBI, where they will inturn "expunge" my fingerprint card and other files. Does anyone know if this information will be available to law enforcement after it has been "expunged." I know on the F-3 form for Law Enforcement applicants it states that you can answer "no" to questions about being arrested only if you have never been arrested or have had an expungement. I know I can answer that with lawful protection, however my primary concern is any incriminating evidence that a law enforcement background check may produce. Thank you all for your help!

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  • 6 Comments
    • Then you are seeking statute under what statute, court rule, or other provision of law?
      #1; Tue, 13 Nov 2007 15:15:00 GMT
    • I will ask him for that information next time I meet him. This seems to shed some light on the expunction of dismissed charges. Read toward the bottom.

      http://www.jus.state.nc.us/NCJA/!jul97r.htm

      #2; Tue, 13 Nov 2007 16:59:00 GMT
    • This is expunction under NCGS 15A-145?
      #3; Tue, 13 Nov 2007 11:21:00 GMT
    • No, not exactly. There was never a conviction involved. Both of the charges were dismissed by the court, making the charges eligible for expungement.
      #4; Tue, 13 Nov 2007 15:09:00 GMT
    • I honestly do not have a link to the correct statute, however my lawyer has already shown me. You can get a charge expunged in NC as long as the charged pleads not guilty, and is found not guilty, OR the charges were dismissed.

      In my case both of my charges were dismissed. I am only concerned about how effective my expungement will be. I'm hoping it is thorough.

      #5; Tue, 13 Nov 2007 15:23:00 GMT
    • Ask your lawyer for the citation, or find it here, and fill us in. Thanks.
      #6; Tue, 13 Nov 2007 16:07:00 GMT