QUESTION
In 2007, my husband was found not guilty of statutory rape and indicent liberties with a minor. Can this be expunged from his record?
Asked on May 28th, 2012 on Expungements - North Carolina
More details to this question:
These allegations were made by a vindictive ex-wife (about his daughter) and were completely false. Having to explain this charge every time a background check is ran is very embarrassing to him, especially when he did nothing wrong. He also has a charge for assault that was dismissed by the DA and a guilty plea for failure to comply (early 1990s).
1 ANSWER
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So long as your husband was not convicted of these offenses (including a not guilty verdict), he should be eligible for an expungement.
Expungements where the defendant was found not guilty are covered by North Carolina General Statute 15A-146.
Link:
http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_15a/gs_15a-146.html
If you think that you can work your way through the statute yourself, the expungement forms are available here: http://www.nccourts.org/Forms/FormSearch.asp
I recommend that you hire a lawyer for this, because the paperwork can get very complicated. It shouldn't cost to much for you to have it done. Lawyers my area (Charlotte) charge between $500 and $800 depending on the case.
Answered on Aug 09th, 2012 at 4:08 PM