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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4015
Experience:  9 years legal experience, primarily in criminal justice
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I just did a criminial background check on the guy that I am

Resolved Question:

I just did a criminial background check on the guy that I am dating and what I got back is alarming, but I am not sure exactly what some of the terms mean. For instance: Offense 1: INDECENT LIBERTIES WITH CHILD, Offense 2: INDECENT LIBERTIES WITH CHILD, Disposition: SUPERSEDING PROCESS OR SUPERSEDING INDICTMENT Offense 3: INDECENT LIBERTIES WITH CHILD, Offense 4: FIRST DEGREE RAPE CHILD, Offense 5: SEX OFFENSE - PARENTAL ROLE.

After finding this information I then went to look for him on the sex offender registry and he wasn't there. The crime took place on 6/7/08...why isn't he in jail?

PLEASE HELP....PLEASE!
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 5 years ago.
Hello.

The background check doesn't have complete information so it is hard to tell. It looks like he was indicted on the felony charges. If there's no disposition listed and if he is not in the registry, it is possible that the charges are still pending. You can try to use this database to see if his case is currently open:
http://www1.aoc.state.nc.us/www/calendars/CriminalQuery.html
Or you can try calling the clerk's office of the court where his case was listed as being open to find out what happened to the case.
Customer: replied 5 years ago.
Thanks for your reply, but I stated the disposition as
Disposition:SUPERSEDING PROCESS OR SUPERSEDING INDICTMENT

Can this help or can you at least explain what is means so that I can have a clearer understanding of the report that I am reading.

 

Thanks

Expert:  Hammer O'Justice replied 5 years ago.
Basically, when someone is charged with a felony, the state has to file an indictment and have it approved by a grand jury before they are "officially" charged with the felony. Once the indictment is approved, the disposition will read "superseding indictment" because it means the charges on the indictment have replaced the charges that were initially charged upon arrest. So it basically means he was indicted, but there does not appear to be a further disposition beyond that.
Customer: replied 5 years ago.
Ok, sorry to be a bother, but one more question, so based on the information that I have given you, basically he could possibly be charged with rape of a minor?
Expert:  Hammer O'Justice replied 5 years ago.
It looks like, from the information in the background check, that he was at one point at least indicted on a form of child molestation and charged with rape.
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4015
Experience: 9 years legal experience, primarily in criminal justice
Hammer O'Justice and 8 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Not the answer I wanted to hear, but thank you so much for your help!
Expert:  Hammer O'Justice replied 5 years ago.
No problem. Good luck.

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