expungement

There is a laundry list of qualifications that a petitioner must meet before they are eligible for an expungment. These qualifications are outlined in Article 5 of the North Carolina General Statutes and more specifically in § 15A-145 through § 15A-149. The majority of the statutes are only applicable to petitioners under the age of 21 at the time the offense was committed. However, § 15A-145.5 permits an expunction of certain misdemeanors and felonies with out reference to the petitioners age at the time the offense was committed. Of course there are limitations to the offenses that may be expunged from a petitioner’s record. The offense must be “non-violent” and must not be one of the following;

(1) A Class A through G felony or a Class A1 misdemeanor.

(2) An offense that includes assault as an essential element of the offense.

(3) An offense requiring registration pursuant to Article 27A of Chapter 14 of the General Statutes, whether or not the person is currently required to register.

(4) Any of the following sex-related or stalking offenses: G.S. 14-27.7A(b), 14-190.7, 14-190.8, 14-190.9, 14-202, 14-208.11A, 14-208.18, 14-277.3, 14-277.3A, 14-321.1.

(5) Any felony offense in Chapter 90 of the General Statutes where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine.

(6) An offense under G.S. 14-12.12(b), 14-12.13, or 14-12.14, or any offense for which punishment was determined pursuant to G.S. 14-3(c).

(7) An offense under G.S. 14-401.16.

(8) Any felony offense in which a commercial motor vehicle was used in the commission of the offense”.
NCGA § 15A-145.5

An expunction may be extremely beneficial to someone seeking employment who does not have a “squeaky clean record”. The individual seeking a expunction needs to keep a few things in mind before beginning the process. First, the process is time consuming. The time element is attributable to the fact that the expunction petition must travel from the local government to a the state government and back again to local law enforcement.

Second, the process is expensive. Attorneys sell time and as previously stated this process is time consuming. Finally, it may be worth the expense. A potential employer may not care about the circumstances surrounding the one mistake that someone made ten years ago. With the job market as competitive as it is today not having to check yes to a question concerning criminal history may be the difference between being hired and being passed over.

Who Qualifies for an Expungement?

There is a laundry list of qualifications that a petitioner must meet before they are eligible for an expungment. These qualifications are outlined in Article 5 of the North Carolina General Statutes and more specifically in § 15A-145 through § 15A-149. The majority of the statutes are only applicable to petitioners under the age of 21 at the time the offense was committed.

However, § 15A-145.5 permits an expunction of certain misdemeanors and felonies with out reference to the petitioners age at the time the offense was committed. Of course there are limitations to the offenses that may be expunged from a petitioner’s record. The offense must be “non-violent” and must not be:

(1) A Class A through G felony or a Class A1 misdemeanor.

(2) An offense that includes assault as an essential element of the offense.

(3) An offense requiring registration pursuant to Article 27A of Chapter 14 of the General Statutes, whether or not the person is currently required to register.

(4) Any of the following sexrelated or stalking offenses: G.S. 1427.7A(b), 14190.7, 14190.8, 14190.9, 14202, 14208.11A, 14208.18, 14277.3, 14277.3A, 14321.1.

(5) Any felony offense in Chapter 90 of the General Statutes where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine.

(6) An offense under G.S. 1412.12(b), 1412.13, or 1412.14, or any offense for which punishment was determined pursuant to G.S. 143(c).

(7) An offense under G.S. 14401.16.

(8) Any felony offense in which a commercial motor vehicle was used in the commission of the offense”.

(NCGA § 15A-145.5)

An expunction may be extremely beneficial to someone seeking employment who does not have a “squeaky clean record”. The individual seeking a expunction needs to keep a few things in mind before beginning the process. First, the process is time consuming. The time element is attributable to the fact that the expunction petition must travel from the local government to a the state government and back again to local law enforcement. Second, the process is expensive. Attorneys sell time and as previously stated this process is time consuming. Finally, it may be worth the expense. A potential employer may not care about the circumstances surrounding the one mistake that someone made ten years ago. With the job market as competitive as it is today not having to check yes to a question concerning criminal history may be the difference between being hired and being passed over.

To determine if you are eligible for an expungment, click here to complete our online interview form.

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