What to do about charges that should have fallen off of my criminal history record?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about charges that should have fallen off of my criminal history record?
I had a burglary charge and possession charge 7 years ago. The burglary was amended to criminal trespass (misdemeanor) and both charges were put on the dead docket for 5 years. After finishing probation with flying colors and no run-ins with the law during this time; everything should have fallen off but it has not. I am being looked at as a felon and I clearly am not. It just appears that way because on their papers I am still under indictment. How is this possible and what must I do to correct this?
Asked on June 4, 2012 under Criminal Law, North Carolina
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 11 years ago | Contributor
You must determine whether or not you were placed on a delayed sentence, deferred adjudication, or similar program that would have allowed the criminal charges to be dismissed once you successfully completed probation. You can verify this by pulling this information from the court in which you were sentenced. If these convictions were not dismissed, then you must apply for a criminal expungement in your state to have the criminal charge(s) removed from your record.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.