Dismissed larceny misdemeanor…Will it show on my record when I try to apply for a job?

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Dismissed larceny misdemeanor…Will it show on my record when I try to apply for a job?

Back in November four friends and I were shopping in walmart in NC. We ended up leaving the store and were called back in by two workers. Make the story short two girls stole and me and the other girl didnt. But because no one talked, we all went down for it. We all received deferred prosecution. Our cases were dismissed. Im now trying to get a job but am scared to death because I dont want them to see something that I didnt do. On my background check, will the misdemeanor show? and if so what should I do?

Asked on June 23, 2009 under Criminal Law, North Carolina

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Although I do not practice law in the State of North Carolina, the general rule is that if your charges were "dismissed" they should be erased from the public record.  Therefore, if you are asked on any applications whether you have ever been convicted of a crime, the correct answer would be "no."  On the other hand, the answer is different with respect to whether or not you have ever been arrested.  Given the fact that citizens are "innocent until proven guilty" many employers do not seek arrest records as part of their background checks.  Nevertheless, if your charges were, in fact, dismissed, it may be possible for you to request deletion of your file (i.e. fingerprints, mugshot, etc.) from the arresting police department if you can demonstrate proof of dismissal.  Nevertheless, since procedures may vary from state to state I recommend that you consult with and/or retain a criminal defense attorney that is experienced with North Carolina criminal law to discuss this matter more thoroughly.


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