I got charged with Possession of Cocaine but charges got dismissed based on deferred prosecution. Now I can't rent apartment.

Asked 11 months ago - Charlotte, NC

I got charged with Possession of Cocaine but charges got dismissed based on deferred prosecution. Now I can't rent apartment due to my criminal record anywhere. They are telling eligible cause of my criminal record. However, I have no convictions. I can't expunge my record cause I already used that on a Possession of Marijuana and Possession of Alcohol Underage the year before.

Attorney answers (3)

  1. Paul J. Ditz

    Contributor Level 3

    3

    Lawyers agree

    Answered . This is a common problem in North Carolina. Unfortunately when anyone runs a criminal background check on an individual, anything they have been charged with is shown, even if the case has been dismissed. It will show a "VD" for voluntary dismissal with the charge, but most don't know what that means, and many simply do not care that it was dismissed. You do have some recourse. You can have the case expunged. Because it was dismissed, you are eligible for an expunction. I would suggest hiring an attorney to get this accomplished, as it can be a somewhat complex procedure. Good luck getting this done and I am sorry that you have run into this kind of trouble.

  2. F. "Bill" William Powers

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . That's a really unfortunate fact scenario. Most deferral programs require an admission of responsibility, which most certainly could be used by an apartment agency as a reason not to rent.

    Without the ability to expunge, there likely are no real options. . .other than appeal to the rental agency's better nature.

    Sorry couldn't be of more assistance. Sounds like you've done all you could.

    Bill Powere

    NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the... more
  3. Fred B. Amos II

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . I think you should speak with an attorney. If I understand the statutes correctly, a successfully completed deferred prosecution program results in a voluntary dismissal. While you are required to sign an agreement of guilt as part of the program, that is only used against you if you fail to complete the requirements of the program. However, once the program is successfully completed and the dismissal entered, the agreement of guilt is null and void. You would be seeking an expunction of a charge that resulted in dismissal under N.C.G.S. Sec. 15A-146. There is no provision in that statute limiting the number of dismissed charges that can be expunged. I see no reason you cannot have the current charge expunged.

    Fred Amos provides legal representation in Wake County , North Carolina.... more

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