Legal Question in Criminal Law in North Carolina

Prayer for Judgement

In 2001 I recieved a ''Prayer for Judgement'' disposition for the misdemeanor charge of ''resisting a public officer'' in Dare County North Carolina. I did community service and paid all of my fines in full and on time. I recently accepted a job offer, but was then considered unqualified for employment due to this charge on my record. My question is, why is this charge still on my record after 3 years if I complied to everything the judge required of me? How can this charge be held against me for employment purposes if I was never found guilty? What can I do to get the charge removed? I have heard the only way to remove it is to get it expunged. If so, how long and how much does this process generally take and cost?


Asked on 11/03/04, 4:41 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Prayer for Judgement

You say you were not found guilty, but the fact that you were sentenced shows that you're mistaken. If you pled guilty or no contest, then you were convicted even though there was no trial. Presumably you received a lighter sentence than you would have if you had gone to trial and lost.

Convictions are not like credit problems; they don't just drop off your record after a certain amount of time. They are permanent unless removed by expungement, pardon, etc.

Since your conviction was in North Carolina, only a North Carolina court can order it expunged (or whatever the local equivalent procedure might be). North Carolina law will control whether and how you can get it expunged. California courts have no authority over North Carolina judgments, and North Carolina law applies regardless of where you live now.

You need to get a lawyer in North Carolina to help you take care of this.

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Answered on 11/03/04, 5:17 pm


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