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Having a criminal record can create a lot of challenges.  In addition to the stigma that can come with a record, it can prevent an individual from obtaining employment, getting into college, getting certified in certain trades or professions, and more.  The good news is that you may not have to carry that criminal record around for the rest of your life as there are expunction or expungement laws in North Carolina that may allow you to have certain offenses removed.  The bad news is that not all convictions qualify for expunction and for those that do, there are a lot of procedural steps involved.

Types of Expunctions

There are approximately thirteen types of expunctions and related statutes in NC:

  1. Juvenile Record: NCGS §7B-3200
  2. Misdemeanor Under Age 18: NCGS §15A-145
  3. Gang Offense Under Age 18: NCGS §15A-145.1
  4. Controlled Substance Under Age 22: NCGS §15A-145.2
  5. Toxic Vapors Under Age 22: NCGS §15A-145.3
  6. Nonviolent Felony Under Age 18: NCGS §15A-145.4
  7. Nonviolent Offense: NCGS §15A-145.5
  8. Prostitution Offense: NCGS §15A-145.6
  9. Conditional Discharge for Threat of Mass Violence: NCGS § 15A-145.7
  10. Charge Resulting in Dismissal or Not Guilty: NCGS §15A-146
  11. Identity Theft: NCGS §15A-147
  12. DNA Records: NCGS §15A-148
  13. Pardon of Innocence: NCGS §15A-149
Steps

In order to petition for an expunction, the following steps should be considered:

  1. Obtain an Accurate and Complete Copy of the Petitioner’s Criminal Record
  2. Determine the Petitioner’s Eligibility for Expunction
  3. Identify and Obtain Relevant Petition Form
  4. Complete the Petition Form and any required supporting documents
  5. Identify and Follow County-specific Procedures for Submission of Petition
  6. Determine and Follow County-specific Procedures for Review of Petition
  7. Verify Execution of the Expunction Order

For purposes of this blog, we will address three of the more common types of expunctions: misdemeanors under age 18, nonviolent offenses, and charges resulting in a dismissal or not guilty.

Misdemeanors Under Age 18

For expunction of a misdemeanor conviction received while under age 18, consider the following requirements and information:

  • No previous misdemeanor or felony convictions, other than traffic violations
  • No subsequent misdemeanor or felony convictions, other than traffic violations, within 2-year waiting period
  • At least 2 years have passed since the date of conviction
  • The individual has fully completed his or her sentence
Nonviolent Offenses

For expunction of a nonviolent offense, consider the following requirements and information:

  • One nonviolent felony or misdemeanor conviction may be expunged (multiple convictions may be treated as one conviction only if convictions occurred in the same session of court and none of the offenses are alleged to have occurred after the petition had already been charged with any of the offenses resulting in conviction)
  • No other misdemeanor or felony convictions, other than traffic violations
  • For a felony conviction, at least 10 years have passed since the date of conviction.
  • For a misdemeanor conviction, at least 5 years have passed since the date of conviction
  • The individual has fully completed his or her sentence
  • The petition has no outstanding warrants or pending criminal cases
Charges Resulting In a Dismissal or Not Guilty

For expunction of a charge not resulting in conviction, consider the following requirements and information:

  • Felony or misdemeanor charge was disposed of by dismissal, finding of not guilty, or finding of not responsible
  • Multiple charges may be expunged
  • A previous expunction does not disqualify a person from expunging a subsequent criminal record
  • Petitioner has not been convicted of a felony

As noted above, there are several other types of expunctions for other types of offenses.  Given the difficult procedural requirements involved in completing the expunction process, we strongly recommend you retain an experienced attorney to assist you.  Please contact us at King Law and we will help you determine your eligibility for the expunction of your criminal conviction.  To schedule a consultation call 888-748-KING (5464) or complete a request form on our website.

For additional resources please visit our blog.

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