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  1. #1
    Join Date
    Aug 2012
    Posts
    1

    Question Denied Employment Because of Cleared History

    My question involves labor and employment law for the state of: North Carolina

    When I was 17, I stole something, I realized quickly after, I shouldn't of done it & haven't since. I am now 24 years old, trying to get my life together & decided I would go to job corps... The problem is, I got denied because I got my report off backgroundferret & it being public record showed up. IF I get the one from the court house & it shows I have no criminal record, are they still able to deny me? The judge dismissed it after my one year probation was up, the reason for the probation being so long was so that I could actually pay the fine.

    http://webapps6.doc.state.nc.us/opi/...do?method=view

    If nothing shows up on that site, my record should still be cleared right? I had to get a background check from the court house when I was 19 & nothing shoed up then but I am worried it might of popped up or something now..

  2. #2
    Join Date
    Jul 2012
    Posts
    479

    Default Re: Being Denied Because of Cleared History

    I'm afraid what's floating out there in the ether as compared to the "court record" isn't relevant. You don't say what other database this shows up on, but if the issue has been expunged legally, you need to go through steps to have the reporting entity/company know that it was expunged. That won't help you with current prospective employer, but it may in the future if they use the same resources.

    "... are they still able to deny me?"

    Yes.

    "The judge dismissed it after my one year probation was up, the reason for the probation being so long was so that I could actually pay the fine. "

    But that does NOT mean the arrest/issue was expunged from everyone's records.

  3. #3
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Being Denied Because of Cleared History

    If nothing shows up on that site, my record should still be cleared right? If you mean cleared as in you have no open charges pending, yes. If you mean cleared as in the slate is wiped clean and it should be as if this never happened, no. You were guilty as charged and received a year's probation and a fine. Your misdemeanor sentence has been served and the case closed but the record of the conviction still exists.

    You can speak to an attorney to see if this can be expunged. The courthouse will no longer have a record of it but the arrest record with the police and anything that happens to be in any other data bases don't disappear.

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