What to do about charges that should have fallen off of my criminal history record?

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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 9 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.


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