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  1. #1
    Join Date
    Jul 2005
    Posts
    1

    Default Employment with Record of Dismissed Charges

    I live in NC, where I have attempted to obtain a job. I also have 6 dismissed charges on my record, 2 PWISD Marijuana, 2 Sell and Delivery and 2 Conspiracy, so 6 felonies, spawned in 2003, all dismissed in 2005 persuiant to NCGS 90-96 and the expungement is underway, but won't be back for a couple months.

    My only concern is can i pass a background check with dismissals, or should I have waited on the expungement to finalize prior to applying.

    Further, if I can not pass a background check, is there any type of statute or act in place, such as fair employment for instance, that protects people in this situation (that is, with dismissals only) from discrimination.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,656

    Default North Carolina Law

    With the exception of certain employers which deal with children, the elderly, or provide medical care (and perhaps a few others, as outlined by statute) which are required to run a criminal records check, employers in North Carolina are not supposed to inquire with prospective employees about arrests. NC employers can ask if you have been convicted of a crime, but you could honestly answer "no".

    Now, there is a possibility that an employer would find your record, see the dismissals, and decide not to hire you - but they probably wouldn't tell you the basis of their decision.

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