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Was I convicted if the case was dismissed and if my criminal record is exsponged and do I check yes or no on an application?
Anonymous3 views3 answers
I have an exsponged record- the case that was exsponged was a dismissed misdemeanor case. I am applying for teaching positions in NC and I have been told informally to check yes for the question "Have you ever been convicted of a crime other than a minor traffic offence?" So my first question is, was I convicted if the case was dismissed and if my criminal record is exsponged do I check yes or no on the application?
Adding to Ms. Cobb's answer, I would advise that even if it states "Have you ever been charged with an offense..." I would state no UNLESS it includes the language "please include, expunctions, etc". The expunction is meant to clear ANY charges that you in fact expunged from your record. Every attorney may have a different answer with this but I tell my clients that if they had the case expunged do not include unless you are applying for a federal job, medical school, dental school, nursing school, or law school or if the question explicitly asks for it like I stated above. Good luck.
In NC, the point of an expungement is to relieve the person who gets it from having to ever acknowledge their arrest, conviction or dismissal related to the matter. However, some counties, I've seen, don't always "clear their records" as ordered by the court, for whatever reason. So, I generally advise my clients, as one of the other attorneys advised in their post, to disclose an expungement where an agency is involved that is likely to do a thorough backgrond search, such as the state and federal government, and educational programs if the expungment could prevent you from attending school if not reported upfront.