Can my misdemeanor larceny charge be sealed?

3 years ago I worked for an employer who accused me of stealing 60 dollars from her. I was charged for 2 counts of felony larceny by employee (one for $40, that I took to get change for the register and one for $20, which was my tips I earned for the day). I didn't fight it, as I was scared of the uncertainty of the outcome and the financial expenses I would incur, so I accepted a plea bargain and plead 'No Contest' to 1 count of misdemeanor larceny. I recently received an offer for employment and accepted. Of course they did a background check, and I explained the situation in detail. However instead of a misdemeanor charge, I received a felony charge. I contacted the district attorney and she confirmed the mistake and said she would take care of it. Can it be sealed in NC?

Jefferson, NC -

Attorney Answers (1)

Kenneth D. Burns

Kenneth D. Burns

Criminal Defense Attorney - Fayetteville, NC
Answered

I do not believe the case will be sealed under the facts that you give. If it is listed as a felony by mistake you need to follow up on it. Prosecutors are very busy and spend their time on existing cases. Since your file is closed it will probably be something that is low on the priority list. Too ensure that it is straightened out you probably need to consult the attorney who represented you to begin with. The attorney will have as much interest as you in getting it straightened out.

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