Misdemeanor Expungement in North Carolina
There are various circumstances in which you may seek to have a misdemeanor on your criminal record expunged or removed as if it had never happened. If you can have a misdemeanor conviction expunged, it will no longer appear on most background checks.
You may seek expungement for first-time offenses committed before 18 years of age, which may include alcohol-related charges. For these cases, you must wait two years from the date of the conviction or sentencing completion before you can petition for expungement.
Lastly, you may petition for misdemeanor expungement for non-violent offenses. However, there are a few exceptions, including the following:
- Class A1 misdemeanors
- Stalking or sex-related offenses
- An offense that included assault
Most misdemeanor offenses that can be expunged need to wait five years before you can petition the court. Speak with an experienced North Carolina expungement lawyer to assess whether your misdemeanor conviction is eligible for expungement.
Felony Expungement in North Carolina
Expungement for felony convictions is permitted in certain circumstances in North Carolina. You may petition the court to expunge any first-time gang-related convictions from when you were under 18 years of age. Additionally, you may petition for expungement of any first-time, non-violent felony that occurred when you were a minor or for non-violent felony convictions that occurred at any age.
The following are not eligible for expungement in North Carolina:
- Class A through G felonies
- A felony that includes assault
- A felony that requires sex offender registration
- A sex-related or stalking offense
- A felony involving methamphetamines or heroin, or possession with intent to sell cocaine
- A felony involving the use of contaminated food or drink to incapacitate someone physically or mentally
- A felony that includes the use of a commercial vehicle
- A felony involving DWI
You may only petition for expungement for non-violent Class I or H felonies. However, there are many restrictions based on the specific circumstances of your offense. There are additional felonies excluded from expungement if you were not under 18 at the time of conviction.
If you have one minor, non-violent felony conviction on your record, we can help you move forward with your life by petitioning for an expungement.
The Expungement Process in North Carolina
If you’re eligible for an expungement in North Carolina, an experienced expungement lawyer will help you navigate the process by completing the necessary paperwork and filing relevant documents. You may have to collect specific information to include with your petition to the court, such as affidavits confirming you do not have other convictions and other documents supporting your good character.
In some cases, the petition for your expungement will also have to be reviewed by the District Attorney’s Office to determine whether they oppose the charge being expunged. Then, your petition will be sent to the Administrative Office of the Courts and the State Bureau of Investigation to review your request.
In an expungement hearing, your North Carolina expungement lawyer will fiercely represent you and your best interests, arguing that you meet all eligibility requirements under North Carolina expungement law and maintain good character. If the judge grants your expungement, all records of the previous conviction or charges will be destroyed.
Speak With the North Carolina Expungement Lawyers at King Law
If you are burdened with a criminal record in North Carolina and are seeking misdemeanor or felony expungement, speak with the experienced lawyers at King Law for an assessment of your case. We can provide you with legal counsel at every step to get your criminal record expunged so you can move forward in life.
Let us help you take control of your future by protecting your best interests in the North Carolina expungement process. To speak with one of our experienced expungement lawyers, contact us today for a consultation at (888) 748-5464 or (888) 748-KING or by filling out our contact form.