Legal Question in Criminal Law in North Carolina

back ground check

If you arrested for stealing and you never pleaded anything and it was expunged from your record, do you have to answer yes to the question ''Have you ever been arrested?'' Would it still be on your record?

Asked on 1/15/07, 11:49 am

1 Answer from Attorneys

Dennis Gibson Law Office of Dennis Gibson

Re: back ground check

Your facts state that you were arrested so your answer would be yes if asked if you were ever arrested. However, if its for employment, employers typically ask if you've ever been convicted. If that is the case, you can go to the clerks office in the county where the incident occured and check the record yourself. North Carolina's expungement statute is pretty strict so unless you filled out all the paperwork and sent it in to the SBI it may still be there.

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Answered on 1/15/07, 3:18 pm

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