Category: Criminal Defense

In North Carolina, as in many other states, the law allows individuals to defend themselves and others in certain situations where deadly force is deemed necessary. This legal concept is known as justified homicide or self-defense. However, understanding when and how justified homicide applies is crucial to avoiding legal repercussions and ensuring justice is served. Here’s what to know about justified homicide in North Carolina.

Understanding Justified Homicide

Justified homicide, also referred to as self-defense, is a legal defense that can be invoked when a person uses deadly force to protect themselves or others from imminent harm. North Carolina law recognizes the fundamental right of individuals to defend themselves and others from unlawful aggression.

Stand Your Ground Law

North Carolina follows a “stand your ground” law, which means individuals are not required to retreat from a threat before using deadly force if they reasonably believe it is necessary to prevent death, serious bodily harm, or a forcible felony. This law allows individuals to defend themselves in places where they have a lawful right to be without fear of prosecution.

Castle Doctrine

In addition to the stand your ground law, North Carolina also has a castle doctrine, which applies specifically to self-defense within one’s own home, vehicle, or workplace. Under the castle doctrine, individuals have no duty to retreat and may use deadly force against intruders if they reasonably believe it is necessary to prevent imminent death, serious bodily harm, or a forcible felony.

Requirements for Justified Homicide

For a homicide to be considered justified under North Carolina law, certain criteria must be met:

1. Imminent Threat: The threat of death, serious bodily harm, or a forcible felony must be imminent and unavoidable. In other words, there must be an immediate danger that cannot be reasonably avoided or defused by other means.

2. Reasonable Belief: The person using deadly force must have a reasonable belief that such force is necessary to protect themselves or others from the imminent threat. This belief is assessed based on what a reasonable person in the same situation would perceive.

3. Proportionality: The level of force used must be proportionate to the threat faced. Deadly force should only be used when there is no reasonable alternative and when lesser means of defense would be insufficient to stop the threat.

Legal Consequences

If a homicide is deemed justified under North Carolina law, the person who used deadly force is not subject to criminal prosecution or civil liability for their actions. However, it’s essential to understand that each case is unique, and the determination of whether a homicide is justified depends on the specific facts and circumstances surrounding the incident.

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Employed Self-Defense

If you have been involved in a situation where deadly force was used in self-defense or defense of others, it’s crucial to seek legal guidance from an experienced attorney familiar with North Carolina’s self-defense laws. A skilled attorney can help you understand your rights, navigate the legal process, and ensure that your actions are properly justified under the law.

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you. To learn more or to schedule a free consultation with a criminal defense attorney, contact us today!

A criminal record can get in the way of achieving many things. That’s why individuals with criminal records often explore the option of expungement, which can provide a fresh start and a chance to rebuild their lives. However, it’s important to understand that not all felonies are eligible for expungement. 

An expungement is the legal process of erasing or sealing a criminal record, allowing individuals to move forward without the stigma of their past transgressions. This can be lifechanging for those who have rehabilitated themselves and are eager to rejoin society as responsible, law-abiding citizens. Expungement can help restore privacy and provide opportunities that were previously denied due to one’s criminal history.

How Does Expungement Help?

Having your felony expunged from your record can help improve your life in many ways:

Privacy

One of the biggest reasons that people seek to expunge their felony record is to protect their privacy. Since criminal records can be accessed by the public, this means that everyone from potential landlords to future employers can see them. By expunging your record, your past will not prevent you from succeeding in your future.

Employment Opportunities 

A criminal record will undoubtedly influence potential employment. Many employers conduct background checks, which will look at your criminal past. If your background check reveals a felony, you will likely be disqualified from the pool of candidates – regardless of your skills or how much you’ve turned your life around. Expunging your record can afford you the opportunity to a fair chance of securing employment. 

Higher Education 

Some criminal convictions can even prevent individuals from certain scholarships, financial aid, or even admission to institutions. This makes it increasingly difficult for them to obtain higher education in the process of turning their life around. By expunging a criminal record, it reinstates the access to achieving educational goals. 

Reputation

One of the biggest things impacted by a criminal record is your reputation. There is no price that can be placed on your reputation, and it can be easily tarnished. By expunging a criminal record, you can improve your reputation and be judged on what you are and will do, not on the mistakes that you have made in the past. 

Which Felonies Can’t Be Expunged?

Although expungement can be lifechanging, there are certain felonies that North Carolina will not allow to be expunged. These felonies include:

• First-degree murder
• Certain sex offenses
• Violent crimes

These are generally ineligible for expungement. 

There’s no doubt that expungement in North Carolina provides individuals with the opportunity to start over, take back their reputation, and establish personal privacy. This in turn allows them to obtain higher education, more jobs, and improved housing. 

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Wish to Have Their Criminal Record Expunged

If you have been convicted of a felony in the past, but wish to have your record expunged, it’s important to speak with a knowledgeable and experienced criminal defense lawyer as soon as possible. He or she understands criminal law and can help to move you in a positive direction. Your past choices don’t have to define your future.

At Hancock Law Firm, PLLC, our felony defense attorneys fully understand the significance of expungement and will do everything that we can to help you obtain it. To learn more or to schedule a free consultation, contact us today!

Arrest warrants give police the right to take someone into custody. Judges issue these warrants after hearing evidence or sworn statements from law enforcement. An arrest warrant names the person, states the charge, and includes an order to bring that person to court. It does not prove guilt. It only shows that a judge believes there is sufficient reason to make an arrest.

Are Arrest Warrants Public Record in North Carolina?

Yes, North Carolina law makes most warrant records public. That means anyone can request warrant information from law enforcement or the courts. Some exceptions apply. For example, you can’t access records tied to ongoing investigations or sealed cases. 

How to Find Out If You Have a Warrant in North Carolina

There are several ways to determine whether you have an arrest warrant in North Carolina. 

Contacting Local Law Enforcement

You can call or visit your local police department or sheriff’s office. Ask if they have a warrant in your name. Be ready to give your full name and date of birth. Some agencies will not give this information over the phone, so you might need to go in person. However, keep in mind that the police could arrest you on the spot if they confirm that you have an active arrest warrant.

Searching Online Warrant Databases

Some counties in North Carolina have online tools you can use to search for warrants. These tools often show names, charges, and other details. 

Checking with the Clerk of Court

The Clerk of Court can tell you if a court issued a warrant in your name. You can visit the clerk’s office in the county where the case began. Many courthouses have self-service computers you can use for free.

Using Third-Party Sites

Some websites offer background checks and warrant searches for a fee. However, these sites might not always show current or complete records. For the most reliable results, use official government sources or ask a lawyer to help.

What Happens After a Warrant Is Issued?

Once a judge signs a warrant, police can arrest the person named in it. After the arrest, the person goes before a judge. The court may set bail or decide to hold the person in jail. The legal process moves forward from there, depending on the charge.

Unlike some other warrants, arrest warrants do not expire. They remain active until police arrest the person or a judge recalls the warrant. A judge may cancel a warrant if the person dies or if new facts show the warrant should not have been issued.

Should You Turn Yourself In If You Have a Warrant?

Turning yourself in can sometimes help your case since it shows you are taking the situation seriously. However, you should talk to a lawyer before you do so. Your attorney can explain your options and help you plan your next steps. It’s best not to wait until police find you at work, school, or during a traffic stop.

Why You Should Contact a Criminal Defense Attorney

A criminal defense lawyer can explain the charges against you and what happens next. They can contact the police or court for you and set up a court date. They might also be able to help you avoid jail. If you wait too long to get help, though, you could face more problems.

Talk to a Lawyer Before You Take Your Next Steps

If you think there might be a warrant for your arrest, don’t guess. Contact Hancock Law Firm, PLLC, to speak with a criminal defense lawyer who can review your situation and explain your options. We offer a free consultation, and we’ll treat your case with the attention it deserves.

When facing criminal charges, understanding the law is crucial to ensuring the protection of your rights. In many situations, the expertise of an experienced criminal defense attorney is of the utmost importance, making all the difference in the outcome of the case.

Top situations that warrant the hiring of a criminal defense lawyer 

1. If You Are Arrested and Formally Charged with a Crime

Being arrested and facing formal criminal charges is an immediate call for legal assistance. A skilled criminal defense attorney can guide you through the legal process, explaining your rights, and formulating a defense strategy tailored to your specific situation.

2. When Multiple Parties Are Involved

In cases where multiple parties are implicated, such as conspiracy charges or co-defendant situations, a criminal defense attorney becomes crucial. They can help work through the complexities of joint defense strategies.

3. During the Investigation Phase

During the investigation phase, law enforcement may contact you for questioning. It is essential to have legal representation during interactions with the police to protect your rights and prevent self-incrimination. A criminal defense attorney’s understanding of law enforcement procedures becomes invaluable in these situations.

4. For Juvenile Offenses

When a minor is involved in criminal activities, having a criminal defense attorney with expertise in juvenile law is key. They can advocate for alternative resolutions and work towards mitigating the potential long-term consequences for the minor.

5. When the Case Involves a Drug Offense

Cases involving drug offenses often carry significant consequences and entail intricate legal nuances. A criminal defense attorney with expertise in drug laws can challenge evidence, question search and seizure procedures, and explore potential defenses tailored to drug-related charges.

6. When There Are Domestic Violence Charges

Domestic violence charges can have severe consequences on both one’s personal and professional life. They can also be difficult to disprove. A criminal defense attorney specializing in domestic violence cases can provide strategic defense, protect your rights, and advocate for fair outcomes.

7. For Appeals and Post-Conviction Relief

If you have been convicted, a criminal defense attorney can assist in filing appeals or seeking post-conviction relief. Their expertise can be instrumental in presenting compelling arguments to challenge the conviction or secure a more favorable outcome.

The decision to hire a criminal defense attorney is a critical step in protecting your rights and navigating the complexities of the legal system. In situations involving multiple parties or when facing criminal charges, their understanding of both the law and law enforcement procedures becomes invaluable. By consulting with a knowledgeable and experienced criminal defense lawyer, you can ensure that your interests are protected and that you receive a fair and just resolution to your case.

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with a Crime

If you have been charged with a crime, you may have options. You have the right to defend yourself. Your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands criminal law and will fight on your behalf. However, time is of the essence, which is why it’s best to contact a qualified attorney as soon as possible to assist with your criminal defense. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you fight this charge. To learn more or to schedule a free consultation, contact us today!

Navigating legal matters can be confusing, especially when it involves knowing your rights during encounters with the police. One thing that commonly confuses people is figuring out the difference between being fully arrested and just being held by the police for questioning.

Being Under Arrest and Being Questioned

Although both situations mean you’re not free to go, they’re actually quite different when it comes to your rights and what might happen next.  In this blog post, we’ll provide some helpful insights into these differences and give you a heads-up on what to expect in each situation.

What’s the nature of the encounter?

When you are under arrest, law enforcement officers have formally taken you into custody. This means you are not free to leave, and you will likely be handcuffed or restrained in some way. An arrest indicates that the authorities believe they have enough evidence to charge you with a crime.

Being detained for questioning is a less severe situation. It usually involves the temporary restriction of your freedom while law enforcement officers ask you questions to gather information or clarify details about an incident. You may not be handcuffed during a detention, and it is not an official arrest.

How long will the encounter take?

An arrest is usually more extended and can potentially lead to an extended period of custody. After an arrest, you will be taken to a police station or holding facility.

Detentions are usually shorter in duration. They are intended to allow law enforcement officers to gather information quickly. Once the questions are answered, you may be released.

Will you be read your Miranda rights?

When you are placed under arrest, law enforcement officers are required to read you your Miranda rights. These rights include the right to remain silent and the right to an attorney. Anything you say after being arrested can be used against you in court.

During detention, law enforcement may or may not read you your Miranda rights, depending on the circumstances. If you are not read your rights, anything you say during the detention might not be admissible in court.

What can be searched and seized?

When you are under arrest, law enforcement officers have more authority to search your person and belongings, usually after obtaining a search warrant or if there is probable cause.

In a detention, the scope of a search is generally limited to ensuring the safety of the officers and others. A full search typically requires a separate search warrant or consent.

How should you conduct yourself?

If you are under arrest, it is generally recommended that you remain silent and request an attorney. It’s important that you cooperate with law enforcement, but do not provide any information unless it is required by law. You don’t want to say anything that could be used against you. 

While detained, you may answer questions, but you are not obligated to do so. You should remain cooperative and respectful but remember that you have the right to remain silent.

Understanding the difference between being under arrest and being detained for questioning is key to protecting your rights and making informed decisions when encountering law enforcement. In both situations, it’s vital that you remain calm, respectful, and cooperative. However, knowing your rights and the distinctions between these two scenarios can help you navigate legal encounters carefully and effectively.

If you are unsure about your legal status during an encounter with law enforcement, it is always a good idea to consult with an attorney. An attorney can provide guidance for your specific situation and ensure that your rights are protected.

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with a Crime

If you have been accused of a crime, you may have options. It’s imperative that you follow what you are asked to do. You have the right to defend yourself but your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf. However, time is of the essence, which is why it’s best to contact a qualified criminal defense lawyer as soon as possible. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you fight the charges against you. To learn more or to schedule a free consultation, contact us today!

When someone is charged with a crime in North Carolina, in most cases, the court will set bail. Bail is money or conditions required to ensure that the accused returns for future court dates. But what happens when someone skips bail and fails to appear in court? That’s called bail jumping, and it’s a crime.

What Is Bail Jumping?

Bail jumping is also known as failure to appear. Bail jumping happens when a person who has been released on bail willfully fails to show up for a scheduled court appearance. In North Carolina, this is considered a separate criminal offense from the original charge—and it can lead to serious, additional legal consequences.

Under NC General Statutes § 15A-543, a person who willfully fails to appear after being released on bail can be charged with misdemeanor or felony failure to appear, depending on whether their underlying charge was a misdemeanor or felony. In short, skipping court can actually increase your legal problems.

Is Bail Jumping Always Intentional?

Intent is key in bail jumping cases. To convict someone, the prosecution must prove that the failure to appear was willful—not due to an accident, illness, or reasonable excuse.

For example, you might have:

• Forgot or confused the date, but can show you were making an effort to comply
• Had a medical emergency
• Had a car accident
• Never received proper notice of the court date

In these cases, your defense attorney may be able to argue that your absence wasn’t intentional. However, if the court determines that you deliberately avoided your hearing, or made no effort to contact the court or your attorney afterward, you could be charged with bail jumping.

Penalties for Bail Jumping in North Carolina

If the court determines you willfully jumped bail, the penalties depend on your original charge. If your original charge was a misdemeanor, failure to appear is typically charged as a Class 2 misdemeanor. Class 2 misdemeanors are punishable by up to 60 days in jail and a $1,000 fine.

If the original charge was a felony, you could be charged with a Class I felony, punishable by up to a year in jail.

Additionally, the court may:

• Issue a bench warrant for your arrest
• Forfeit your bond (meaning you lose any money or collateral posted)
• Make it harder to obtain bail in the future

Fortunately, a knowledgeable criminal defense attorney can often help reduce or dismiss bail jumping charges, especially if there’s evidence that your failure to appear wasn’t intentional.

What to Do If You Missed a Court Date

If you’ve missed a court appearance in North Carolina, don’t wait for the police to come to you. Taking action can make a big difference in how your case is handled. Here’s what to do:

• Call your criminal defense attorney: Your attorney will know how to approach the court to minimize the damage and potentially avoid a new arrest.
• Gather documentation: If there was a legitimate reason for missing your court date (hospital visit, death in the family, transportation issue), gather any documentation that supports your claim.
• Stay in town: If you’re aware of a warrant for your arrest due to bail jumping, staying in the area—and making yourself available—can show the court that you’re not trying to flee or hide.

Contact Hancock Law Firm, PLLC Today for Bail Jumping Defense

A bail jumping charge can complicate your original case and put your freedom at further risk. You need a defense lawyer who understands North Carolina criminal procedure—and how local prosecutors and judges handle these charges. Your lawyer can advocate for your side of the story and work to resolve any outstanding warrants.

If you or a loved one is facing a bail jumping or failure to appear charge in North Carolina, call Hancock Law Firm, PLLC for a confidential consultation. We’ll walk you through your options and work to resolve your case with the best possible results.

After facing the consequences of a criminal conviction, you likely just want to move forward with your life. Unfortunately, your conviction often follows you. When you’re searching and applying for jobs, you may feel the desire to hide your past mistakes in fear that your conviction will prevent you from obtaining employment. However, it’s extremely important that you are very honest during the application process. Here’s what to know about what you should include on a job application when you have a criminal record.

1. Be Honest

It may seem to be beneficial to leave your conviction off of your job application, but most employers conduct background checks. This means that even if an employer really likes you, when they run the background check and see a discrepancy, they may no longer be interested in hiring you for your dishonesty alone. Lying or withholding this information can seriously hurt your credibility.

2. Lead with Your Qualifications

While it’s important not to lie on your job application, it’s even more important to draw attention to positive attributes, such as your skills, experience, and qualifications as they relate to the job in question. Focus on how your experience and abilities align with job requirements and highlight how this can bring value to the business.

3. Proactively Address Your Past

The way in which you address your criminal record on your job application is key. Rather than going into great detail on your application, be proactive and put together a thoughtful statement owning up to your past and framing it in a manner that expresses how much you have grown since then. You also want to drive home that the mistakes that you have made in your life do not define who you are or what you are capable of.

4. Prepare Your Answers

North Carolina has “ban-the-box” laws, which prohibit employers from asking potential employees about their criminal history on initial job applications. It’s important to understand that you do not have to disclose any expunged criminal history on a pre-employment screening questionnaire. Instead, you have the ability to demonstrate your character, your intelligence, and your value before you disclose your record. However, once you reach the interview phase, it’s possible that you may be asked about your criminal record. You should become familiar with how you will answer any related questions, including how you have moved forward.

5. Share Character References

In order to help prove who you truly are, it can be extremely beneficial to collect character references who can attest to who you are, your values, and how you aren’t your mistakes. This can greatly offset concerns about your convictions.

While it can be very stressful having to admit to your past wrongs, it’s important to remain honest throughout the job application process. Your honesty can go a long way.

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with a Crime

If you have been charged with a crime, you may have options. You have the right to defend yourself. Your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands criminal law and what you are up against and will fight on your behalf.

At Hancock Law Firm, PLLC, our criminal defense lawyers fully understand what is at stake and will do everything that we can to help you to fight this charge. To learn more or to schedule a free consultation, contact us today!

With the issuance of an arrest warrant come many questions, such as: How soon will someone get arrested once an arrest warrant is issued? Will you be notified about the warrant? Can you be arrested anywhere? Here, our knowledgeable criminal defense attorney answers these common questions and more about the arrest warrant process.

Q: What allows law enforcement to issue an arrest warrant?

A: North Carolina law enforcement can issue an arrest warrant if there are reasonable grounds. This is legally known as probable cause. The police must have probable cause to believe that a crime is being committed and that a particular person who will receive the arrest warrant committed the crime. A government official or citizen must go before a judge and testify to specific facts under oath that allege that someone has committed a crime. The arrest warrant must specifically identify the person to be arrested and must be issued by a neutral party.

Q: How soon after the issuance of an arrest warrant will someone be arrested?

A: The length of time that it takes someone to be arrested after an arrest warrant is issued for them depends upon the specific facts and circumstances of each case. North Carolina does not outline a specific time frame by which someone must be arrested after this issuance. Generally, law enforcement will prioritize arrests for the most serious crimes. In other words, it would be more important to arrest someone who is convicted of murder than it would be for someone who failed to show up in court for a traffic ticket. The less serious an alleged crime is, the more of a delay there may be in arresting the individual. Common factors that influence how soon someone is arrested after the issuance of an arrest warrant include:

• Nature of the offense
• Resources of law enforcement
• Suspect’s location
• Voluntary surrender
• Other special circumstances

Additionally, some people may decide to voluntarily turn themselves in immediately after learning of the warrant for their arrest or they may wait a few days.

Q: Will you be notified of an arrest warrant for you?

A: An attorney can learn from law enforcement whether a warrant has been issued for you. But if you don’t have an attorney, you likely won’t receive notice of the warrant’s issuance until you are actually arrested. If you were summoned to court and failed to show, it’s safe to assume that the judge has issued an order for your arrest. In such a case it’s best to consult with an attorney.

Q: How must an arrest warrant be served – can you be arrested anywhere?

A: Arrest warrants can be issued anywhere and allow police to enter the defendant’s home when necessary. However, the arresting officer is obligated to show the defendant the warrant in question. If the police officer does not have the warrant to show you, they must still inform the defendant of the warrant and the offense that they are charged with. If the defendant requests to see the warrant, law enforcement is obligated to show them the warrant as soon as possible.

Q: Can you clear up an arrest warrant?

A: There are only a few ways to proceed in clearing up an arrest warrant. These include the following:

• The individual for whom the warrant is issued may turn themselves in so that they can be arrested and processed;
• The warrant that has been issued can be recalled by a government official; or
• The warrant can be invalidated if it can be proven that the warrant was obtained through false testimony.

Q: What should you do if you are facing a warrant for your arrest?

A: If there is a warrant issued for your arrest, you should speak with a qualified criminal defense attorney as soon as possible. He or she can help to protect your rights and mitigate the damage of an embarrassing unforeseen arrest. They can also help you to turn yourself in peacefully and can aid in your defense for low bail and quick release.

Hancock Law Firm, PLLC Helps Those in North Carolina for Whom an Arrest Warrant Has Been Issued

If an arrest warrant has been issued for you, you have the right to defend yourself. A knowledgeable and experienced North Carolina criminal defense lawyer understands how the process works and can help to fight on your behalf.

At Hancock Law Firm, PLLC, we recognize the importance of your case and are committed to assisting you in fighting the charges. If you would like to learn more about our services or schedule a free consultation, please don’t hesitate to reach out to us today.

It is very common for employers to use criminal background checks before hiring employees. That is certainly the case here in Carteret County, North Carolina. However, unless you work in human resources or law enforcement or are a criminal defense attorney, you’ve probably never seen what a criminal background check looks like. As a result, you’re probably curious about the information a prospective employer may be finding out about you. In addition, both North Carolina and Federal law put restrictions on how and under what circumstances a criminal background check may be used. Let’s take a closer look at criminal background checks so you can get a better idea of the information employers are receiving about their job applicants.

What information is contained in a criminal background check?

The information contained in a criminal background check can be pretty broad. First, it will list any information on arrests and convictions in your home state, in this case, North Carolina. It will include felonies and misdemeanors, any pending charges, and the dispositions of these cases. This will be broken down further to show the counties where the charges originated. In addition, it will contain any information on federal criminal cases involving the applicant. This will also include felony and misdemeanor convictions, pending charges, and records of arrest.

In some cases, a prospective employer may go further to conduct a nationwide search. This will include any convictions, arrests, dispositions, and pending charges against the applicant in all states, counties, and municipalities across America. This is the most comprehensive type of background check available.

A final area that will appear in most criminal background checks is whether the person is on any sex offender registry. This is the type of information that is needed for someone running a business that involves young children or other sensitive areas. Needless to say, the last thing someone running a daycare center wants is to inadvertently employ a person who is listed on a local or national sex offender registry.

What information will not appear in a criminal background check?

There are two specific areas that are specifically excluded from criminal background checks in North Carolina. The first is expunged criminal history. Under certain circumstances, a person is entitled to have some or all of their arrests, charges, and convictions deleted from the state or country records. The law surrounding this is often very specific and tied to either the nature of the alleged crime or the passage of time since the last conviction. While these records are still available to courts and prosecutors, they are not shared with individuals or businesses as part of a criminal background check.

The second area is juvenile records. In North Carolina, these records are sealed upon the person reaching the age of maturity. Just like expunged records, sealed juvenile records are not available to the public, and are only able to be accessed by the courts and prosecutors.

How can this information be used?

Some employers in North Carolina are actually required to perform criminal background checks before making a hiring decision. This includes jobs that involve mental health, disability, and substance abuse services. Conversely, if an applicant for a job has a sealed juvenile or expunged arrest or conviction, he or she is not required to disclose this when seeking a job. If a person is seeking a license for employment in North Carolina, the licensing board can only use the criminal record within certain criteria that looks at things like the seriousness of the crime, the length of time since it was committed, and any relationship between the crime and the license that is being applied for. Similar criteria apply to most jobs with North Carolina state agencies.

There are federal and state protections for job applicants who may have a criminal record. Title VII of the Civil Rights Act of 1964 provides some protections for people with criminal records. Similarly, job applicants have rights under North Carolina and federal laws for misused criminal background checks, and ones that contain inaccurate information.

Call Hancock Law Firm If You Need Criminal Defense Assistance

A criminal conviction can be a lifelong burden. If you or a loved one is facing criminal prosecution or has been the victim of the misuse of criminal background checks, book an appointment with our experienced criminal defense attorney at the Hancock Law Firm to discuss how we can help you with your situation.