WARNING: This post refers to NC law
Hello all, when I was 16 I used a Prayer for Judgment for a simple Possession Charge (marijuana < 1/2 oz) which I understood meant that the charge would be removed from my record after 3 years if I stayed out of trouble which I did other than a minor incident which was later dismissed. However, little did I know, this little incident would come back to haunt me some 8 years later.
I have good credit and have leased an apartment for about 4 years now, but after finished grad school and accepting a job offer, I needed a new place to live. The apartment I chose ran a credit and criminal background check using SafeRent. Within hours of submitting my application, the leasing agent said that my credit was approved but my criminal background check did not pass. Because of Fair Housing Laws, they were unable to give me any more information and I am currently waiting for a mailed copy of the report from SafeRent. On the application it asked "If I had ever been convicted of a crime in a court of law?" to which I answered no to the best of my knowledge. In the mean time, I spent $20 to do my own background check using SentryLink and found that this PJC charge had not been removed from my record:
Charge: POSSESS MARIJUANA UP TO 1/2 OZ
Type: Misdemeaner
Statue: 90-95 (D) (4)
Description: POSSESS MARIJUANA UP TO 1/2 OZ
Filed: x/x/99
Disposed: x/x//99
Disposition: Prayer for Judgement MISD STATEMENT OF CHGS
Sentence: Court Costs - xx00 Other - Money Paid: Y
Fine: XX00.00
Amended charge: POSSESS MARIJUANA UP TO 1/2 OZ
Amended charge type: Misdemeanor
1. Is this in fact a conviction that I need to expunge or is this just an open case that should have been cleared after 3 years?
2. Any idea what "Amended charge" means?
3. Am I correct in believing that this PJC should have been properly dismissed and cleared off my record even though the other incident I had did not end in a conviction?
I've been trying to get in touch with my lawyer but have been unable to get him on the phone since Friday. Since I chose to appeal the leasing agent's original findings, corporate is supposed to make a decision this Wednesday. I was hoping to get a letter from my lawyer to give to them but it looks to be too late for that. Can anyone provide some insight while I wait for the official background check to be mailed to me?
Hello all, when I was 16 I used a Prayer for Judgment for a simple Possession Charge (marijuana < 1/2 oz) which I understood meant that the charge would be removed from my record after 3 years if I stayed out of trouble which I did other than a minor incident which was later dismissed. However, little did I know, this little incident would come back to haunt me some 8 years later.
I have good credit and have leased an apartment for about 4 years now, but after finished grad school and accepting a job offer, I needed a new place to live. The apartment I chose ran a credit and criminal background check using SafeRent. Within hours of submitting my application, the leasing agent said that my credit was approved but my criminal background check did not pass. Because of Fair Housing Laws, they were unable to give me any more information and I am currently waiting for a mailed copy of the report from SafeRent. On the application it asked "If I had ever been convicted of a crime in a court of law?" to which I answered no to the best of my knowledge. In the mean time, I spent $20 to do my own background check using SentryLink and found that this PJC charge had not been removed from my record:
Charge: POSSESS MARIJUANA UP TO 1/2 OZ
Type: Misdemeaner
Statue: 90-95 (D) (4)
Description: POSSESS MARIJUANA UP TO 1/2 OZ
Filed: x/x/99
Disposed: x/x//99
Disposition: Prayer for Judgement MISD STATEMENT OF CHGS
Sentence: Court Costs - xx00 Other - Money Paid: Y
Fine: XX00.00
Amended charge: POSSESS MARIJUANA UP TO 1/2 OZ
Amended charge type: Misdemeanor
1. Is this in fact a conviction that I need to expunge or is this just an open case that should have been cleared after 3 years?
2. Any idea what "Amended charge" means?
3. Am I correct in believing that this PJC should have been properly dismissed and cleared off my record even though the other incident I had did not end in a conviction?
I've been trying to get in touch with my lawyer but have been unable to get him on the phone since Friday. Since I chose to appeal the leasing agent's original findings, corporate is supposed to make a decision this Wednesday. I was hoping to get a letter from my lawyer to give to them but it looks to be too late for that. Can anyone provide some insight while I wait for the official background check to be mailed to me?
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