How to Clear an Arrest Record Based on Factual Innocence
My question involves criminal records for the state of: North Carolina
I was arrested on 'misdemeanor, assault on a female', due to the misunderstanding in the communication between the so-called victim and the policeman.
Two work days after the charge was filed, the so-called victim clarified the facts to the District Attorney and got the charge dropped. So, I was completely innocent and the arrest should not have happened.
It is aware that the arrest record would stay in public database for a long time, which will continuously ruin my reputation and future career, the effect of which should be removed.
I am asking for law experts advice on how to do that.
I was told the 'Expunge Criminal Records' is one way to go.
Whether in North Carolina, 'Expunge Criminal Records' can erase/seal the arrest record so that the background check can access it? Is there a similar way in NC (as in California by CA Penal code 851.8 (f)) to get a 'Factual Innocence Letter' from the Law Enforcement Agency who arrested me?
Thanks a million
Re: How to Clean Arrest Record Based on Factual Innocence in North Carilina
Apparently, in NC, expungement actually destroys the records allowing you to answer "no" to questions about arrests so you wouldn't need a "factual innocence letter" (which I found no reference to online for NC).
Read the following website that provides comprehensive information about the expungement process and cites the relevant statutes (always a good thing).
http://www.ncjustice.org/?q=second-c...punctions-2016
Re: How to Clear an Arrest Record Based on Factual Innocence
Quote:
Quoting
JamesZ
My question involves criminal records for the state of: North Carolina
I was arrested on 'misdemeanor, assault on a female', due to the misunderstanding in the communication between the so-called victim and the policeman.
Two work days after the charge was filed, the so-called victim clarified the facts to the District Attorney and got the charge dropped. So, I was completely innocent and the arrest should not have happened.
It is aware that the arrest record would stay in public database for a long time, which will continuously ruin my reputation and future career, the effect of which should be removed.
I am asking for law experts advice on how to do that.
I was told the 'Expunge Criminal Records' is one way to go.
Whether in North Carolina, 'Expunge Criminal Records' can erase/seal the arrest record so that the background check can access it? Is there a similar way in NC (as in California by CA Penal code 851.8 (f)) to get a 'Factual Innocence Letter' from the Law Enforcement Agency who arrested me?
Thanks a million
After reading the statute, it appears that the arrest information is still available to government entities after its expunged. This means that state licensing boards can still see the information if you ever want to get professionally licensed. I seriously doubt they would revoke your application for a mere arrest, however.
Certificates of factual innocence are actually extremely difficult to obtain, and especially in cases based mostly on 'he said/she said' statements and circumstantial evidence such as DV incidents. It could be argued that the alleged victim was just convinced or coerced into dropping the charges against you, which is why in many states the State takes over the prosecution of domestic violence cases.
On a personal note, I have an arrest record for everything from kidnapping/domestic violence, to operating a meth lab, to witness intimidation. Through a crazy series of events, all of those charges were either dismissed or found not-guilty. My arrest record has not once hindered me from securing employment, knock-on-wood.
Re: How to Clear an Arrest Record Based on Factual Innocence
GS 15A-146 is the statute providing for expungement based on either a dismissal or a not guilty verdict. And, in NC, expungement does "destroy" the record, so it treats it as the event never happened (and, apparently, 146 might even clear it from local databases) and you are entitled to respond "no" to any questions about being arrested for any charge without repercussion; however, you're only eligible for one expungement under GS 15A-145 or 146 in your lifetime.