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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  9+ years defending Misdemeanor and Felony cases.
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In the state of North Carolina I am in the process of getting

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In the state of North Carolina I am in the process of getting a past charge that was dismissed expunged. Lack of thinking...prior to having the charge expunged I applied at a county sheriffs office for a job and the charge was an issue. How do I get the sheriffs dept to destroy copy of that charge after the expungement process is complete ? The sheriffs office that I am in reference to is the next county over and was not involved in the charge that is being expunged.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 6 years ago.

A Judge will sign an order directing that all public entries related to the expunged offense be purged from the public records of the court, and direct that all law enforcement agencies bearing record of the same expunge their public records. Once an Order of Expungement has been issued, all official records relating to the expunged offense should be purged, except for a confidential file that is to be retained by the AOC. The sheriffs department keeps their own private records which are not disclosed to the public. They will not destroy a copy of this charge, it only will not be available to the public.

Customer: replied 6 years ago.
So as far as getting employment with the sheriffs department that charge will still be on file with them and potentialy relevant to there decision(s) for employment ?
Expert:  CrimDefense replied 6 years ago.
Yes, that is correct. While the charge would be expunged, when working for the sheriff, government and sometimes with jobs involving children or the elderly, a record can still be viewed. However, the charge was dismissed. Since it was dismissed and ultimately expunged, the department should consider you for the position, if you are qualified. It is something you may want to consider to address when applying BUT wait until the charge is expunged.
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