Criminal Records, Expungement North Carolina: Does a PJC count as a conviction or a dismissal?

[JustWantJustice]

My ex plead guilty to assault on a female (me) ten years ago. We are now in custody court and I received a draft of the temporary hearing judge's decision.

This draft states that my ex plead guilty to the assault on a female charge, but that it was later dismissed. To my knowledge, this is NOT true.

What happened is that he received what is called a Prayer For Judgement Continued. As part of the conditions for this, he had to plead guilty, and he had to complete two classes (one for domestic violence; one for child safety/parenting class), and he was ordered to see and comply with a psychiatrist's recommendations.

From what I have read (but I am not an attorney), since he had further requirements other than court costs, this case could not have been dismissed. I do know that it will always show up in criminal background checks as his having plead guilty, but this business about it being dismissed? It was not dismissed, but his attorney is writing as though that is that is how this turned out.


I know that with the dom violence and child safety courses ordered, it was at the very least considered a judgment. So how can they claim that this was dismissed?


PJC is something unique to NC, apparently, and it is mostly used for traffic violations, and I guess, for domestic violence cases.

Does anyone know if his attorney is misrepresenting the facts about this allegedly being a case dismissed? How can I find out?

One attorney's blog that I found says that with the additional requirements, it is still considered a conviction, but I need to find out a more definite answer.

This is a really long, twisted story of domestic abuse and control, with this guy threatening for about sixteen years to take my children away from me. His family pays all of his legal bills, and I do not have an attorney. This man has bullied me for years, used my children as pawns, and the legal system to keep pushing me around. This time, it has really got to stop. He committed perjury at the temporary hearing, and I am bound and determined to make sure that the judge gets a very clear picture of who this guy is, under his guise of Mr. Boy Scout.

Thanks for any help or answers.

 

[army judge]

You need a lawyer.

You'll keep getting bullied and abused by the legal system, if you don't have one.

That said, your intuition about the conviction is spot on.

Speak with a lawyer or a local law school clinic and ask if they'll help you.

You should get a copy of his conviction from the county clerk in the county where he was convicted.

Be prepared, because with the right connections, the conviction might have been expunged.

Then he wouldn't be lying.

Until you get a certified copy of the conviction, you'll never know for sure.

A certified copy won't cost much.

If you can't get one, then he's had his record sealed.

Then you'll really need a lawyer.

 

[JustWantJustice]

Well, an expungement is not the same as a dismissal, either. And expungements are the panacea that many people think they are. They show up; it's just up the imagimation of the person doing the inquiring about what was expunged.

Where I live, they make it very difficult to get someone's criminal records anymore. It used to be as easy as sitting down at their computer, typing in the name and then telling them what file you wanted, paying a very nominal fee.

Now, they've revamped the whole system, and it's really quite difficult to get the criminal record, and they're charging a pretty penny for it.

I'm going to have pay someone $200 on Monday just for a consultation, so I guess I'll ask then. I'm just so sick and tired of his attorney lying and getting away with it.

There is NO way that this was a dismissal. A dismissal was when he was arrested for yanking the cord on the telephone when I called 911, and before his court date, he told me that his attorney was saying I did not have to show up in court despite the prosecutor calling me to tell me to be there (and he did not want me to, and the veiled threat was there . . . do it and you'll be sorry). So I did not show up, and yes, the case was dismissed. Done, no conviction, no PJC, nothing. THAT is a dismissal.

But this was different. Prayer for judgment continued. And from what I'm reading, since there were things other than just court costs that he was responsible for doing (taking classes, seeing a psychiatrist, etc), then there is at the minimum a judgment, but a criminal investigation will show up as a conviction. I just don't know what to do about his attorney writing it out as though it was dismissed.

I'll check with this other attorney on Monday and post back what I find out.

Thanks.