An expunction is the removal of a criminal record by an order of the court. When there is a successful expungement/expunction, a person will be restored to the status she held prior to existence of her criminal record.
North Carolina has twelve different expunction statutes. However, the ability to expunge a criminal record in our state is not very common. It is not rare, and King Law Offices regularly does them; however, they are not available to everyone. In general, there are three main categories of expunctions. The first involves a first time, nonviolent offense that occurred more than 15 years ago. The second involves a first time offense that was committed under the age of 18 or 22 (depending on the charge). The third, involves a charge that was dismissed or disposed “not guilty.”
The twelve expunction statutes include the following situations: juvenile records, misdemeanor under age 18, gang offense under age 18, controlled substance under age 22, toxic vapors under age 22, nonviolent felony under age 18, nonviolent offense, prostitution offense, charge resulting in a not guilty or dismissal, identity theft, DNA records, and pardon of innocence. There are subcategories under these, and the only way to ensure that your situation is covered is to have a consultation with our firm.
The expunction process can be time consuming and there are many steps involved, but the attorneys here at King Law Offices are here to help you through it. First, we will obtain a complete criminal record in order to determine if you are eligible for expunction, as well as determine what type of petition needs to be filed with the court. Once the proper forms are complete, King Law Offices will ensure that the proper county specifications are followed in order to get your petition on the right track. When everything has been filed properly, the wait begins. Waiting to hear back from the State Bureau of Investigation and Administrator of the Courts can take six months in some cases. However, once the petition has been returned, it will either be reviewed by a judge or a hearing will be held in order to dismiss or approve your expunction.
Again, this is a brief overview of the process and there are many important details involve. If you would like to discuss a potential expunction of your criminal record, please call our office at 828-286-3332 to set up an appointment and get started as soon as possible.
Related Post: Are you Eligible for an Expunction?