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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12620
Experience:  Attorney
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I recently had a misdemeanor charge of communicating threats

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I recently had a misdemeanor charge of communicating threats dismissed by the DA in Charlotte, NC. The false charge came from a criminal complaint filed by an ex-girl friend in retaliation to a charge that I filed against her for harrassment. The case never even came before the judge. However, I pulled a criminal records search and the charge is on there with a disposition of dismissed by DA. I understand that in NC you only get one expungement and I already recieved one for a misdemeanor of solicitation that I did commit by completed community service to get the matter dropped. What can I do? Are there any other option to getting this off my record? Will the fact that it is showing on my criminal record even though it was dismissed by the DA keep me from getting a job?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Brandon M. replied 7 years ago.
Hello there:

You are right that it appears on your record, but this does not mean that you actually "have a record" as it is commonly used. Regardless of the disposition, most any interaction that you have with law enforcement will appear on your record. You don't even have to be arrested; if you are even named as a suspect, it will appear on your record. But the reality is that you have been convicted of nothing, you are guilty of nothing, and this is not a conviction. It means exactly what it means: one police officer thought that there was probable cause to believe that you had committed the crime, but the circumstances were such that the D.A. did not even attempt to prosecute it.

This will not prevent you from getting a job and you never have to answer "yes" to having ever been convicted of a crime because of it. The only likely impact would be if you ever needed top secret government clearance--then you would need to answer questions about it (but frankly, it would show up in a background check for something that like even if it was removed from your record).

I hope that this helps.
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Customer: replied 7 years ago.

So there is no way to get the incident expunged in NC since I have already recieved a previous expungement for a misdemeanor correct?

You are correct. I was never even arrested, booked, or fingerprinted. I just recieved a letter regarding a criminal summons in the mail. In NC you dont even need to show proof to the magistrates to file a criminal complaint and have someone served a warrant, its scary how easy it is.

I just dont even want to have to explain it if an employer ask "Have you ever been charged with a misdemeanor? Thats all

Expert:  Brandon M. replied 7 years ago.
Correct: under the current law, there is no way to remove an arrest from one's record. But no, you should not expect to anticipate questions about it from a future employer (again, unless you need government security clearance--but it shouldn't matter any).