By Attorney Patrick Apple

Yes. This is one of the most common misconceptions we encounter. People assume that because a charge was dismissed, it is gone. It is not. In North Carolina, a dismissed charge remains on your criminal record and will appear on background checks unless a court order directs that it be removed.

Why Dismissed Charges Still Appear

When a charge is filed in North Carolina, it becomes part of the public court record. That record exists regardless of what happens to the case. A dismissal means the prosecution did not proceed and no conviction was entered. It does not erase the fact that the charge was filed. Employers, landlords, and licensing boards conducting background checks will see the charge, the disposition listed as dismissed, and in some cases the underlying allegations depending on how thorough the search is.

For many people, a dismissed charge causes nearly as much practical difficulty as a conviction. An employer running a background check may not look past the word charged. A landlord may deny an application based on what they see without reading further. A licensing board may require an explanation.

Dismissed Charges Are Generally Eligible for Expunction

The good news is that dismissed charges are among the easiest records to expunge in North Carolina. In most cases there is no waiting period. Once the case is resolved, you can petition the court to have the record removed.

A granted expunction means the charge will no longer appear on standard background checks. In most circumstances, you can lawfully answer no when asked whether you have been charged with a crime. The practical effect for employment, housing, and licensing can be significant.

Charges Dismissed After a Diversion Program

If your charge was dismissed after you completed a deferred prosecution or drug diversion program, you may also be eligible for expunction. The specific requirements depend on the program and the nature of the charge.

Do Not Wait

There is no benefit to waiting once you are eligible. The charge is on your record right now, and it may be affecting opportunities you are not even aware of. The sooner the petition is filed, the sooner it is resolved.

If you have a dismissed charge in North Carolina that is still appearing on background checks, call Kreider Attorneys at Law at (336) 550-1210. We handle expunctions throughout Greensboro and North Carolina and can tell you quickly whether you qualify.