How canI remove a criminal charge from my record?

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How canI remove a criminal charge from my record?

In 1999 I was charged with a “Simple Worthless Check”. I wrote a check by accident from a old checkbook,  the store tried to contact me but I was no longer living at the address where they sent the certified letter; finally I got one forwarded. I went to the store, paid the fees and fines. The man at the store told me that I had to go to the magistrate to show proof of receipt that I paid; which i never did. This issue had not crossed my mind until 3 years later. I applied for a job and they did a background check and mentioned it to me. I explained the situation and it was cool (although there have been 1 or 2 instances where offers of employment were rescinded over the past decade). I have not ever been in trouble with the law. I am considering enrolling in nursing school and I don’t want something that happened over 10 years ago to stop me from obtaining my license. I do not have a probation record, I’ve never been arrested. I was called for jury duty like 3 times since then. I noticed that in some counties in NC they have a worthless check program but this was not in place in 1999. I wished I would have gotten an attorney but I was young at the time and had no idea this would be on my record forever. I know there have been some amendments to the laws in NC what can I do do get this removed? If I’m good enough to sit on juries and vote why can’t this be resolved and removed?

Asked on December 23, 2010 under Criminal Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Listen, it is better late than never.  Who placed the worthless check mark on your background check?  Does it say the court did it or did the store owner do it?  I think that the store owner can attempt to remove the spot on your record, so to speak.  I would seek him out to try.  If that is not an option go down to the court and ask to see your file regarding the case.  It could be in archives so you may have to wait some time for the court to retrieve it.  Then ask the clerk what to do.  You can also do something very simple and send a letter disputing the spot to the credit bureaus.  They are under an obligation to open the case and inquire.  Good luck to you. 


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