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  1. #1
    Join Date
    Jun 2009
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    3

    Default Expunging Criminal Record

    My question involves criminal law for the state of: North Carolina


    I need advice for something that took place 19 years ago.


    When I was 16-17 (and younger) I was really messed up on drinking/drugs and came from a really abusive family but that said never was arrested before that time or had direct contact with the law. (no excuses just setting the tone).

    I was invited to a home and while there with others who came over I got pretty blitzed and don't remember much but do know there were minors there (but I was one also).


    Shortly after I decided to turn my life around and convinced my mom to sign me up into the Army (Reserves) as I was under 18 as I thought I would have a better chance at life. After getting back from AIT and Basic I had now turned 18 and a few months later a Detective showed up at my house and arrested me for Statutory Rape and threw me in County jail.


    I never meet my accuser and could not afford a lawyer and spent 6 months in county before my first trial not once seeing my PD.

    During my first (and only hearing) I was pulled into a room before I spoke to a judge with my PD and the PA and told that I had to plead guilty. I maintained that I was innocent and TBH didn't even know who the girl was but was told that it didn't matter, that they would get a jury to be sympathetic and convict me and I would most likely get 20-50 years. My PD agreed and told me it was the best thing to do. I continued to refuse until finally the PA said that they would reduce it to a Misdemeanor Contributing to the Delinquency but I had to plead guilty but said it would go away after a few years with good behavior.

    My PD said this was the best deal he could get and it didn't matter if I was innocent or guilty that because of the Noah's Arc Daycare incident in NC everyone even blamed of any underage acts didn't stand a chance in court (even though I had never had a criminal history and it supposedly happened when I was a minor but they charged me at my current age 18).

    I reluctantly agreed.


    Now it is 19 going on 20 years later, and they are nationalizing databases, and over the last 5 years I have lost one job as it came up on a background check and been denied another. Previously to this I had multiple background checks run and nothing ever came up and I assumed it was expunged because of my age.


    I have finished my 9 year enlistment in the Reserves successfully, have been married for 9 years and have a son. I have finished multiple technical degrees in my field and have gone back to college to get my BS.

    Because of what happened years ago, I am now in constant fear that what I thought would never come back to haunt me based off of the PA and PD's comments and that it could have the potential to again effect my family if I continue to lose employment.

    I coached my son's Tee-ball team but am afraid to sign up for new sports as they now have extensive background checks...I cannot even go with my son to field trips at his school....

    This is for fear of the community finding out about my past and assuming the worse and my past ending up hurting my job and family forever.

    What can I do to finally get this cleared up?

    What recourse can I have to finally prove that I am not the person they said I was as I was never charged with anything before this and have never been in trouble (albeit a speeding ticket here or there) since.



    Side note: I was sentenced to a year probation, and during this time my PO showed me my case (which I had never seen before). There was no physical evidence only the word of the girl that sex had happened, but here corroborating witness which she said was in the room stated that the only thing he saw was a kiss and no sexual activity at all (and he was supposedly there the whole time).

    They also had to recant the date it happened multiple times, I guess as every specific date they gave my PD could prove I was in the Army at the time so I guess the judge finally allowed them to just state an "in between" time of a year and so I guess my PD said I would have to prove my whereabouts for every day of that year.

    My PO after getting to know my for 3 months and going over the case felt sorry for me and let me off for good behavior after that 3 month period.


    Sorry for the long drawn out post but is there way to finally deal with this?

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