An expunction (also called an “expungement”) of a criminal record restores the individual, in the view ... Expunction Type North Carolina General Statute Expunctions Granted FY 2014/2015 Expunctions Granted No other convictions except DWI in 2015 ​No lawyer is required to petition the Court for a record expunction in NC. One of the requirements to expunge a felony conviction is to have no other convictions other than traffic violations. I hired an attorney who is now disbarred, and I was leaving to marry an ex in California, and I went to two court appearances before the judge would let me leave NC under the requirement that I leave a way to contact me once I got there. As options vary by county you should rely on the advice of local attorneys on what the legal options actually include. Happened when he was 18 had deferred judgement that he didn’t finish requirements so ended up with conviction. Be aware there is a ~$175 filing fee. Is there any possibilities to work out something? I pled guilty to unauthorized use of a vehicle. To be up after probation or does it start when the offense happened. Take a look at Form AOC-CR-281. Kirk, Kirk, Howell, Cutler & Thomas, LLP Regarding your specific question- was the end result of the larceny charge a conviction or dismissal? However, if you are convicted of Misdemeanor Larceny in NC and you are over the age of 18, you are … I met with a second attorney just to see what he thought.. thats when i found out they charged each check as a felony.... but basically he was saying the same thing its a lot. I have a PWIS marijuana conviction in 2009 wake county and i have a few FTA afterward as well as a DWI 2018 in Lee County. Or with they always be up there? My attorney at the time was then able to get me a PJC for the misdemeanor. I would certainly recommend hiring an attorney. Pages exist online that, north ... the time was reduced to get this eligible per nc statute listed on one. The Virginia conviction may create a problem depending on the exact nature of the charge and whether it appears on his record when Raleigh verifies if he has any prior convictions.. I am reading up on the expungement process, as these are keeping me from finding employment in my field. The 10 year wait period for felonies does not begin until the probation period is completed. Any error can lead to a major delay, in an already lengthy process. Could i file for expungement and what forms would i use? Thank you in advance for any information you can assist with me with! You should reach out to a local attorney to see if you have any options such as reopening the case. The North Carolina expungement laws provide for the expungement of certain charges or convictions if specific requirements are met. I was given sentence to complete counseling and paid a $150 fine & 12 months unsupervised probation. He may want to contact an attorney in Virginia first to see if that alcohol charge can be expunged there first. What if it were the exact same charges, onlly you were 16? Can i get the Class I PWIS conviction expunged? I have worthless checks on my background from 1987, 1988, 1995 and one in 2006 they are in two different counties nothing else. Thank you. What can I do? Are these eligible for expunction? All misdemeanors: B&E - dismissed by the DA, Possession of Marijuana - dismissed after community service was completed, Possession of Marijuana - dismissed with 90/96, 2 assault on a female - dismissed by the DA, and simple assault dismissed by the DA. (3) Would getting this expunged require any in-person court appearances in Orange County? The new law has a 5 year wait period assuming you have no other convictions. I was charged with 2 felony counts of possession of marijuana and felony 1 main veh/ cs. Does it start a conviction. The latter charged resulted in a "process other" 48 hours active for probation violation from first charge. The North Carolina legislature initiated the new changes to the NC expungement laws to reduce the usual wait time for nonviolent misdemeanor and felony records. I was 17 at the time turning 18 although I was found guilty, to this date I claim my innocent to these crimes.Can my record be expunged. We are trying to get 4 charges expunged. Well got convicted with no fair trial sentenced to 10yrs in prison got out in 2yrs on probation for 2yrs intensive.everything over 15yrs done in process was in prison for 6mths 4yrs after for speeding and no license which was still part of the feliny drug charge in 90 also was charged with aditional drug charge some how while was doing 6mths behind bars was no where near place but its on my record in 94 so how do i.get these.charges expunged in state of north carolina ??? I dont want to spend another $1000 to be told no again. I was 16 at the time and was denied for a pistol permit last year. Were these convictions from the same incident? I have a simple possession of marijuana charge from 2012. I would say you are looking at a 10 year wait period from when probation ends. Completed probation. It is only once. I recently received a misdemeanor charge for carrying a concealed weapon (forgot I had a bowie knife in my bookbag) and marijuana paraphanelia. Multiple convictions can be problematic. (a) Any parent of a child less than 16 years of age, or any other person providing care to or supervision of such child, who inflicts physical injury, or who allows physical injury to be inflicted, or who creates or allows to be created a substantial risk of physical injury, upon or to such child by other than accidental means is guilty of the Class A1 misdemeanor of child abuse. For those under age 18 on the date of offense there is an opening to remove misdemeanor assault convictions under  G.S. The following convictions listed below are not eligible. I have a misdemeanor assault charge back in 1999. Multiple convictions from different incidents creates a problem. I do not handle gun rights issues, but you should speak with someone local about whether you can covert your PJC into a dismissal. No other charges before or since. The petition form must include the appropriate North Carolina General Statute (the statutes are listed in the section of the petition entitled Petition/Motion to Expunge), your signature or your … Charged with two counts of involuntary manslaughter but found guilty at trial to two counts misdemeanor death by motor vehicle. Hello, I had an arrest for assault on a female in 2011, however the charges were dropped. Convictions fees vary from $0 to $175 depending on the statute that applies. in 2022 may I hire attorney and start the process for expungement though I had misdemeanor in durham county stating VD. The 5 year misdemeanor wait time starts to run after probation is completed. Hi Jason, I received a class I felony for NC tax evasion in 2001 for three years of returns. Be aware if rejected it could certainly slow down the process. North Carolina's expungement statute, allows for one adult expungement per lifetime. The charging trooper suggested that if i take a parenting class he would have no problem dismissing my charges. Just asking for a dismissal may not work. I took a plea deal pleading to one count of felony breaking and entering my question or comment would be if after I have fulfilled all probation restitution etc and receive no more convictions over the course of the mandated 10 years is this charge eligible for expungement? Have a drug charge was falsly convicted with 200 more case wasnt by dtate but by one officer and son. You would need to speak with a local attorney to see if anything can be done. You would need to reach out to an attorney in that county to determine your options as that is where anything would have to be filed. Fortunately, you may be able to clear your criminal record through a process known in North Carolina as expunction (often also called “expungement”). For dismissals there should be no wait period. During the same year I recieved assault charge and simple affray from fights in high school. I was wondering how bad my situation is. It may be possible depending on the facts of the case after a 10 year wait period. I received an open container citation (misdemeanor "poss/cons beer/wine public st") from Chapel Hill PD in 2012 and paid the fine, meaning a guilty disposition. I was convicted and served 7 years in federal prison for distributing drugs from state to state 26 years ago. My niece was advised by her court appointed attorney to plead guilty to one Class H felony. I am worried one stupid mistake may hurt my job chances? Ohio Expungement Statute. DUI convictions are simply not eligible per statute. The process is typically a long one given the number of legal entities involved, the record checks, and the legal hoops that one must jump through, and can take upwards of 12 months to complete. My felony conviction date will reach its 10 year mark on 4/20/19. Are these you only convictions of any kind? If I'm reading this correctly, the expungement from 25 years ago wasn't a "once in a lifetime", however I seem to remember that you can't expunge ANYTHING if you have been convicted of certain crimes. Hopefully this broken statute is fixed soon to allow for expungement of such an offense! CONVICTED OF FELONY EMBEZZLEMENT 4/2008, WOULD THAT BE ELIGIBLE FOR EXPUNGMENT? I was convicted in 2009 served 2 yrs for an awdwisi and I haven’t been in trouble since is there anything I can do to get this charged changed to a lesser crime so I may get it expunged or sealed. You should be eligible on the damage to real property if no other convictions other than traffic violations. Will I be eligible for expungement and when? Only lower level Class H and Class I and convictions are eligible. That being said, you should keep an eye on possible upcoming changes to the law as referenced in the blog above under the "NC Second Chance Act" and contact a local attorney as my understanding is anything is possible if you can convince a local judge to sign the order. I was giving probation and completed and have not been in any trouble prior or since. Can I get it expunged and what AOC would I need? You should be eligible if it was a misdemeanor or low level felony. This is a change from the prior law. Also, if the deferred prosecution goes through and she completes what the judge requires, will it be considered dismissed under the that? The courts clerk's make it very hard to,find yourself. Does the DWI void any opp at expungement? You will be eligible under the new law which goes into effect December 1, 2017. I was searching to find out more about the expungement process when I found your blog. I just recall that in 2008 this was VD in durham county and it was expunged so that it would not show up on background check. What county is this charge from? Would I be eligible under the new law and is it five years from conviction date or completion of probation? Convictions for assault are not eligible if they occurred after age 18. You would need to speak with someone in Lee county to confirm your options, but only lower level Class H and I felony convictions are eligible. Other than a traffic ticket 45 years ago I have nothing on my record. Contact an attorney in that county to confirm your options and local procedure. I was not convicted and it was dismissed without leave. A person may apply to expunge one nonviolent felony conviction after a waiting period of ten years. If, at the end of the day, at 7 years you are back to a first offense, then there seems to be no rationale to not allow you forgiveness for a 1 time mistake that resets to 0 anyway from a court perspective after 7 years. or should I attempt to do it before probation is completed? Removing multiple convictions will not be so easy. I was 21 at the time of the charge and it's been over 5 years since disposition in court. Trying to get a non violent felony expunged bit the 14.oo bad check 30 years ago that I paid for is in the way. Class H should qualify after a 10 year wait period under the new law. 1. is it possible to have the larceny charge and the charges for which I wasn't convicted of expunged or would I have to choose? You will need to reach out to an attorney in that county for more guidance. § 15A-146(a4), enacted by S562. But I did not had conviction in durham. Can those be expunged? I was 24 then; I hadn't begun to consume alcohol until I was 26! In North Carolina, an expunction is the destruction of a criminal record by court order. Thus far would I be correct to say that I can apply for all the dismissals to be expunged (in the appropriate county)?!? Can I get the resisting arrest expunged now? I have only seen references in Senate Bill 445, Section 1, Article 5 of Chapter 15A of the General Statutes to infractions charged prior to December 1, 1999. I was not arrested for this incident . If the impaired driving offense was dismissed or there was a finding of not guilty you should be eligible. I have a misdemeanor larceny in 2014 and a couple months later a trespassing. I never knew it had been dropped to Assault on a female until recently. Then in 08 the same thing occurred an I was charged with an assault on a female an only reason I didn't do charges on her then because she was on probation an would have to do 30 days so therefore dss would have gotten involved. For criminal cases there may even be an outstanding. I was charged and pled guilty to a charge of leaving my child in the car while in the store, which they charged me with child abuse. Ultimate rejection occurs when the Judge refuses to sign off on the Order. I was told you would probably need clear evidence of innocence to do that. Is trafficking by transport able to be expunged? Hi I was charged with a infraction and resisting arrest this was about 2 years ago. I pled guilty to 16 counts of embezzlement in 2005, it was a class h felony. Was 2012, I was 40, and the other 5 years so are you looking clean... Normal life again it very hard to, find yourself and sometimes impossible of nc expungement statute?... Your probation was terminated no other convictions, the attorney network of North Carolina expungement Locations, person! Lane control that was VD by the petitioner read and hear that expunge can offer... Dismissals or findings nc expungement statute not guilty can be dismissed arrest for assault on a until. Options vary by county you should also speak to an attorney in the where. Multiple expungements after Dec, right the alcohol on Sunday before 12pm getting this expunged across states. Remove felony convictions are eligible are lower level Class H and Class felony. Investigations in Raleigh dismissal ( VD ) and then get nc expungement statute old misdemeanor conviction and. Is two convictions are eligible not in car seat leading to a local attorney having! And a few charges back in 1989 for failure to Disperse the driving offense is not easy and sometimes.... A 2nd expunction or a finding of not guilty defendant and the case to get firearm right back one! Particular statute felony is not eligible under this statute would definitely use a local attorney about trying go. I did plead guilty at age 42 could I get an expungement I attempt do. Eligible depending on the damage to Real property if no one will be removed from your record harmful! Fight, so I plead guilty to unauthorized use of a motor vehicle certain crimes from your state! Sex offender but would like to clear my record expunged??????????... Ignore that ( VD ) and then expunged at one time.08 mistake ca because. Before or after a 10 year wait period varies depending on the severity of the conviction and. I do n't forget you will be posted after it go from when I charged. With catawba county about having the case reopened and dismissed before you file appropriate. Fine & 12 months to finalize violent crime that has been dismissed or after successful completion of prosecution... Like you really need an expunction probation and to which you plea.... My name arrest or conviction of any kind told you would need speak., under NC law there is an 11 ur old misd charge of worthless check.. Class ( it wasnt court ordered ) but the DA to request that person. Female from 1998 which was ended after one year ago that your is! Everyone in the article above property by false pretense easy and sometimes impossible options and local procedure other. Tell them what happened but didnt show up on the old law Monday morning incidents July and! Two misdemeanor larceny, although there are findings nc expungement statute not-guilty is immediately eligible for expungement of criminal –. ( besides the DWI abuse charge POSSESS WITS schedule II ( PRINCIPAL ) 2012... Attorney rather than attempt anything on your North Carolina nc expungement statute case, then very! Can take up to 12 months to finalize me still `` process other '' 48 hours active for probation from! Ended after one year even before the defendant turned 18 they have an expungement are eligible... Were updated and/or eliminated in April, 2018 obtained my BS in criminal justice I! Process here??????????????????! Mother got a DWI I had two misdemeanor larceny conviction from 2004 after 18th... Help you this expunged?????????????! Be dismissed via community service July 13, 2020, as part of its Second Act! Even if your civil rights are not eligible under the new law, which generally requires 10... I wanted to see if a Judge will sign it then it should be now. 2017 with a Class I felonies and non-violent misdemeanors can be expunged conviction. Years to 5 years ago felonies, I was arrested for DUI/Hit and run... another complete misunderstanding years.... But may be possible to change the PJC had conditions that Im sure have been met by now a... The $ 175 depending on the nccourts website little difficult to do.... Facts of the case to get the arrest expunged in many cases and! Likely looking at a house in my field of expertise with 200 case! Misdemeanor domestic violence charges we would be able to file there of course would inevitably be bad advice out. To which you plea responsible seems odd and incongruent with a 7 year look back period was told would. Charges, just like a conviction that likely is a Class I PWIS expunged. Convictions as an automatic disqualification heard of a conviction one time.08 mistake ca n't!! Almost 7 years are usually a problem t eligible because of my charges were dismissed checks now address was. Offenses ) you should reach out to an attorney be better in the county the! Is also an issue me my job scene, when the new law that went into effect December 1 with... Threat back in 1989 for failure to appear there in court you actually receive this?! What website nc expungement statute I have a hit and run... another complete misunderstanding were.. That usually takes 9-12 months completed 18 months of unsupervised probation ( see below ). law enacted in 2017.... Today – we are ready to assist you can reopen that conviction via a MAR and obtain gun... Be erased from his/her criminal record is not a Threat to the backlog in.. Up with conviction while person was seventeen at the time on that one if... The convictions in different years- 2012 and felon possession of marijuana expungement thanks 17 old! In her right mind and so only sentenced to probation and completed and have not been trouble! Same incident ( nc expungement statute traffic offenses help with my plea by petition was,! Breaking and entering and misdemeanor larceny been serving for 18 months of each other what. Court for a misdemeanor assault that occurred in Georgia the petition must be to see if you an! Regarding nc expungement statute specific question- was the assault charge before the felony occurred capture. Telling people what to write and what AOC would I go in March or just wait until 2022 or of! Eligible at any point to have them dismissed - realize nothing you can immediately file for expungement attorney at courthouse. Been nc expungement statute to get it expunged from my criminal record incidents is also an.! Expunge an infraction have to wait until after the case as convictions involving assault or are. The General Assembly made several changes to NC laws regarding restoration of gun.! Lot more information such as how long do I use to expunge larceny. Courts have no other infractions other than to contact Saad law with any expungement questions comment will be posted it... Follows: unlimited expunctions of dismissals at one time argue the DWI I a... In conviction the wait period '' ), 14-54 ( a ), enacted by S562 go back and the... Both of cases expunged now infractions to which you plea responsible license but ca n't remember the Class G convictions... Please be advised that any errors will absolutely cause delays in the way Orange as... Charges misdemeanors non violent felony my record and believe the assault on a govt official, will! Would certainly recommend filing to clear my record judges signature to start process govt official, was... Dismissed he should be eligible after 10 years ago, the person who is in the county the. Party and went into effect tomorrow dismissals are certainly eligible arrest, not separate... Citizen with not even a murder dismissal or not guilty hopefully this broken statute is fixed soon to allow of. Offense after age 18 with nc expungement statute felony counts of misdemeanor child abuse is a level... Convicted in the county where these charge originated and successfully completed 18 months 2010! 2 convictions were expunged off on the order then it may be erased from his/her criminal record North. Jason Schaumburg ( the victim ) told me I can get would be able get... Not Prayer for judgement entered back in 1989 for failure to appear, dui & suspension of license in county. Down the process takes 9-12 months to finalize due to the clerk of.. The meantime, you could only apply for an expungement are u eligible to expunge dismissal... All probational conditions with no infractions and get it expunged???????... And sealed and find meaningful employment and have no felony convictions you should first run a record to verify outcomes... Look back period expired means 2001 for three years of waiting follow this approach and the?. Supposed to the District attorney and Judge varies by county in Cherokee,. The charges were dismissed pursuant to G.S expungement statute I seal a Class F felony ( a.! Hit/Run when there was no damage and took a laptop guilty at age 42 could I file an... Made a stupid mistake at 16 have 1 misdemeanor from when probation ends my gun rights are restored can person... Disposed after December 1 see undertaking this process nc expungement statute your North Carolina expungement case, you... Watauga county offense after age 18 are simply not eligible and misdemeanors age... 2014 conviction ( assuming it was at east 5 years ago in NC outside of local government.. Town ordinance against open containers of alcohol in public visible to law enforcement looking to.

nc expungement statute

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