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  1. #1
    Join Date
    Dec 2009
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    3

    Default Who Can View an Expunged Drug and Paraphranalia Charge

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

    I did something stupid in college and was caught. I was under 21, went through a year long deferred prosecution program, and had the charges dropped and expunged from my record. I currently want to be a high school teacher. My question: When I submit to a criminal background check by the department of education, will the department be able to see the expunged charge? Will that affect employment?

  2. #2
    Join Date
    Dec 2009
    Posts
    3

    Default Re: Who Can View an Expunged Drug and Paraphranalia Charge

    I think I answered to my own question.

    North Carolina General Statute § 15A‑146. (c): "The Clerk of Superior Court in each county in North Carolina shall, as soon as practicable after each term of court in his county, file with the Administrative Office of the Courts, the names of those persons granted an expungement under the provisions of this section and the Administrative Office of the Courts shall maintain a confidential file containing the names of persons granted such expungement. The information contained in such files shall be disclosed only to judges of the General Court of Justice of North Carolina for the purpose of ascertaining whether any person charged with an offense has been previously granted an expungement."

    Short hand: Only judges can view the names of those who have expunged their criminal records---and only for the purpose of preventing those persons from expunging their records any further. That means no one doing a background check on a job applicant can view the "files," right?

    Found at: http://www.ncga.state.nc.us/enactedl...apter_15a.html

    I think I might call a lawyer just to check.

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