How do I know what statute that I fall under in order to get something...

C

Crystal

New member
...expunged off of my criminal record? I have a bad check of $55 that stems from 1999 (was just settled in 2006 so it still shows up) and a Obtaining Property by False Pretense (that for $380 and is considered a felony in NC, was dropped bc it was over something I sold online and the other person wouldnt come to court) on my criminal record. A person at my local court house stated that I have to find out what statute I fall under in order for her to give me the correct paper work and she can't tell me what statute I fall under. Getting an attorney at this point is financially impossible and legal aid does not help with this sort of matter. How do I know what statute I fall under?
Thanks for that Stuart. That's good info to have but I need to know what statute that I fall under so that I can get these two things off of my record so that I can get a job. Thanks again.
Just to add....I just found out that I can only expunge 1 of these charges so I guess I am going for the bigger charge that was the most recent which is the OPBF.
 
Below are the civil and criminal penalties for writing a bad check in North Carolina under Codes § 14-107, § 14-107.1, § 14-107.2, and § 6-21.3.

If 15 days has passed since the payee sent a letter to the person who wrote that check informing them that their check was dishonored and the defendant fails to make good on that check within the 15 day time period, they may then face the following criminal and civil actions:

Civil Penalties: Thirty days after written demand, lesser of $500 or triple amount owing on check, but not less than $100. You may also be responsible for other costs and witness fees.

Criminal Penalties: The offense is a Class I felony if the amount of the check is more than two thousand dollars. If the amount of the check is two thousand dollars or less, the offense is a misdemeanor punishable as follows: The person is guilty of a Class 2 misdemeanor, however, if the person has been convicted three times of passing bad checks, the person shall on the fourth and all subsequent convictions be punished for a Class 1 misdemeanor and be ordered, as a condition of probation, to refrain from maintaining a checking account or making or uttering a check for three years. If the check is drawn upon a nonexistent account, the person is guilty of a Class 1 misdemeanor. If the check is drawn upon an account that has been closed by the drawer, or that the drawer knows to have been closed by the bank or depository, prior to time the check is drawn, the person is guilty of a Class 1 misdemeanor.

-Stuart
 
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