November 3, 2016
Do you have a criminal charge or conviction that continues to show up when applying for housing or employment? You may be eligible to have that crime removed from your criminal record through an expunction, which is also referred to as an expungement. When an expunction occurs, you are allowed to deny the incident occurred when applying for employment or housing, with a few rare exceptions. Every case is different, thus it is important to make sure you are eligible for an expunction before filing any additional paperwork. The most common types of criminal records eligible in North Carolina are: 1) first time, non-violent offense committed more than 15 years ago, 2) first time offense committed under the age of 18, or 3) charge that was dismissed or disposed “not guilty.” North Carolina General Statutes also provide details for 12 different types of criminal records, including what needs to be completed for each criminal record expunction.
Once it is determined that you are eligible for an expunction, you will need to Petition for an Expunction and complete an Affidavit. The requirements for submitting a Petition to the Court depends on which county you are seeking an expunction in. You will be required to file the Petition in the county in which the criminal incident occurred. You must also ensure that you are following the correct Local Rules and Procedures when completing this process. When the Petition is filed with the Clerk of Court, it will then be sent off to be reviewed by the SBI and AOC, which will conduct a background check and determine whether an expunction has previously been granted. After the SBI and AOC have reviewed the Petition, the presiding judge may need to conduct a hearing on the expunction. Again, the hearing process varies depending on which county you are in.
The expunction process can be quite complicated, and it can take approximately 9 months to be completed; therefore, it is best to seek legal advice when dealing with this issue. The attorneys at King Law can help you with this process, as well as other legal concerns you may have. Call 1-888-748-KING to schedule your complimentary consultation.
*All information was obtained through the North Carolina Justice Center