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Advice on Expungement for Dismissed Felony in NC

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nannygoat

Junior Member
What is the name of your state? NC

I was arrested for prescription fraud-felony in NC. I was deferred to drug divergency program. I opted to go to private treatment center. I did over 200 community hours, attended all drug classes, maintained clean drug tests for one year. I was tested every month. I even volunteer with the program now and have become a counselor at a psychiatric hospital for people with drug problems.

My problem is I hired an excellent attorney and I thought that if everything went well when he went back to the judge after a year, it would be expunged. That was 3 years ago. I just found out it was still showing on background checks that it was drug deferred, not dismissed. I called and had my case manager that I had in the DD program call the DA and he reported back that is was now "dismissed".

I called my attorney to clarify about the expungement and was told by paralegal that was not included and I would have to pay $750 extra and it would take between 3-6 months.

I am up for a excellent job with another company and they do a background check. What would be your suggestions?

Thank you very much.
 


seniorjudge

Senior Member
nannygoat said:
What is the name of your state? NC

I was arrested for prescription fraud-felony in NC. I was deferred to drug divergency program. I opted to go to private treatment center. I did over 200 community hours, attended all drug classes, maintained clean drug tests for one year. I was tested every month. I even volunteer with the program now and have become a counselor at a psychiatric hospital for people with drug problems.

My problem is I hired an excellent attorney and I thought that if everything went well when he went back to the judge after a year, it would be expunged. That was 3 years ago. I just found out it was still showing on background checks that it was drug deferred, not dismissed. I called and had my case manager that I had in the DD program call the DA and he reported back that is was now "dismissed".

I called my attorney to clarify about the expungement and was told by paralegal that was not included and I would have to pay $750 extra and it would take between 3-6 months.

I am up for a excellent job with another company and they do a background check. What would be your suggestions?

Thank you very much.

There are hundreds if not thousands of background check companies. They will not delete your record.
 

nannygoat

Junior Member
Why do you say that?

I was informed because I have never been arrested before or after, its been 3 years now, that I could possibly get an expungement thru an attorney.

Why do you say they will never delete? Are you an attorney or fellow poster?

Thanks
 

seniorjudge

Senior Member
nannygoat said:
I was informed because I have never been arrested before or after, its been 3 years now, that I could possibly get an expungement thru an attorney.

Why do you say they will never delete? Are you an attorney or fellow poster?

Thanks
No one will notify all those background check companies.
 
seniorjudge said:
No one will notify all those background check companies.
True no one will notify every background company out there, but if they order a background check on you through most of the large companies out there these days they will verify the record with the source before they report it. If it has been expunged then it should not be reported and if it is then they have 30 days to correct it or you may seek damages under the FCRA. They can not check your background without you knowing and if they deny you employment then you have the right to fix wrong information. Of course this all depends if you have had the expungement signed and filed at the courthouse?
 

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