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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33404
Experience:  Began practicing law in 1992
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Few years ago i had criminal charges, which were dismissed

Customer Question

few years ago i had criminal charges, which were dismissed after successful probation. I also had the charges expunged. I am changing jobs and will be subjected to a background check, figured i was clear, per the expunction, but, i just did my own background check online and found these. Does that mean my record hasnt been expunged? what do these reports indicate?not certain if the pdf of the background report is attaching- so cut and pasted the info- it's a NC case if that matters.GREENSBORO, NC, 27408
Case Number:
4002011045672C GUILFORDCRIMINAL CASE DISTRICT COURT No 2011­11­03 CRIMINAL DISPOSED Description: [CITATION NUMBER: C1576906] Begin Date: End Date:
Appealed From Lower Court:
Filing Date:
Case Status:
Additional Information: [STATUS: CRIMINAL OFFENSE]
Date Committed:
Date Ended:
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
It means that whatever company is doing that background check didn't completely expunge the record. Many of the items it is showing are blank, which means that they did remove some parts.
What you want to do is send them a certified copy of the expungement order and request that they immediately remove the information. Send the request by certified mail, return receipt requested and ask them to provide an updated report when it is removed.
One problem you may have is that the expungment order may not have the language directing everyone to remove the record of the arrest and conviction. If a lawyer did it then there is a good chance the order is correct but if you didn't use a lawyer there is a chance it isn't correct so you may want to have it checked out if the company refuses to remove the info.
Customer: replied 2 years ago.
I had a lawyer do it,. and the state ( NC) SBI sent a completed form back. I dont have that in front of me, but i thought it requested removal. Unfortunately, my attorney passed away since this was done and his firm closed, so im a little lost here. To give you a better picture of the current situation, I work for an advertising firm which just won the NC Lottery as an account- and the lottery is currently do background checks for those of us who work on their business,. i gave 'em my info and checked no to every question, as i thought the record was expunged,.. Im afraid the lottery will pull up this kind of info, but i have no idea what service they would use? and if they do find this info- how will it read to them? that I was arrested, but not convicted? that I was charged but not convicted?..
Expert:  Dwayne B. replied 2 years ago.
It depends on exactly what the order of expungement said. Some expungements only erase convictions while others erase both convictions and arrests.
What you probably want to do is go to the clerk of court for where you were convicted and see what their file shows. It will likely be sealed. If so, then that is the best you can hope for.
You can also contact the District Attorney that convicted you and see if they have a copy of the order. Finally, contact the NC State Bureau of Investigation and see if their records still show an arrest. When you explain you have an expungement then they will understand the areas of concern and should be able to answer the question although it may take a little while to get past the "front lines" and to a person with the authority to check.