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North Carolina man with criminal record faces obstacles

Readers of this North Carolina criminal defense blog may know of some of the potential obstacles individuals convicted of a crime may face upon their release. Although some employers may not be permitted to inquire about an individual’s criminal history during the application phase, such information often comes to light during routine pre-employment background checks. Individuals with a criminal record may find that they seldom receive job offers after the interview and background check phase.

Additional obstacles vary depending on the nature of the criminal charges. Convicted sex offenders may have to register with the national sex offender database, and be prohibited from living in certain areas that are near children. A conviction for driving while intoxicated may interfere with an individual’s ability to work in jobs that require on-the-job driving. Even a domestic abuse conviction might lead to unfair treatment during a divorce proceeding

One North Carolina man experienced yet another restriction imposed upon released felons. The 54-year-old man had served four years in prison on a second-degree kidnapping charge. Former Gov. Jim Hunt later pardoned him in 2001. In 2007, the man tried to start his own gun-making business. However, he couldn’t obtain a federal license because of his criminal record.

Under North Carolina law, as upheld by the state’s highest court, authorities may be justified in denying gun ownership to a convicted felon. Specifically, the state’s Supreme Court upheld such a denial involving a man who had been convicted of several drug convictions, determining that the public safety interest outweighed any alleged imposition upon the man’s right to bear arms.

Needless to say, this prosecutorial environmental might require vigorous representation by a criminal defense attorney. An attorney can help ensure that all available procedural rights are afforded to an individual.

Source:, “Court: Pardoned NC felon has right to own guns,” Emery P. Dalesio, June 4, 2013