You will need to check with a local attorney about your options as Class A1 convictions are generally not eligible for expunction. Ultimately the Judge should decide and not the DA, but if the local Judges simply follow the recommendation of the local DA you may be out of luck. 2005 North Carolina Code - General Statutes § 14-399. It may be possible depending on the facts of the case after a 10 year wait period. Clean record since. I would very much like to discuss having my record expunged. Although she was convicted and the felony is on her record, she had just suffered a nearly fatal brain aneurysm and her husband had just divorced her. a friend of mine was convicted of a breaking entering felony around 30 years ago he wants to get his record expunged but was told that he could not because it was a felony under statute 15a 145.5 and that section 14-54(a) of that law prevents removal of the infraction. Mr. Witt, ORC 2953.31 provides that if a person was convicted of two or more crimes based upon the same action, then all of those convictions shall be considered “one conviction.” In other words, a series of 2 or 3 convictions out of the same case only count as one conviction under the expungement statute. 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. If you were able to do that then you could probably get everything expunged. 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? Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain … The laws have changed recently to allow for unlimited dismissal expungements for those who are eligible. Thanks in advance for your response. By wiped clean they probably meant the charges would be dismissed. I was told I can apply for an expungement and have it removed completely but the attorney told me the law changed Dec 1, 2017 for NC and basically I’m not eligible because of my age but researching websites and other material, I believe I am eligible. Verified simply means they were notarized. Also is careless and reckless (dismissed) expungable? Can anything be done with those? Will I be eligible for a expungement after Dec. 1st. North Carolina Expungement. Multiple felony convictions in different years are usually a problem. I didn't know about the checks for a couple of years but as soon as I found out about them I paid them and all fees/fines associated with them. However, the right to an expungement was severely limited in North Carolina until a new law in December 2017 made it easier to obtain one. Changes to Current Expungement Laws in North Carolina Our current law limits expungements to single convictions and often, so if a person is convicted of even two separate crimes on … At this point she needs to contact an attorney in the county of the conviction to discuss her options. Still 21 at the time. Got a misdemeanor Larceny when I was 16. Multiple convictions from different incidents is a problem. I have a misdemeanor damage to Real Property from 2004, which I plead guilty to and successfully completed 18 months of unsupervised probation. I am worried one stupid mistake may hurt my job chances? So a minor misdemeanor I would not qualify to rid of a non violent felony charge I'm talking years, Trying to decide if it's worth getting bullied or fighting this issue. i have a felony possession of a schedule 4 that i got i believe when i was 22 or 23 i am 26 years old now how long would i have to wait to be eligible to get this charge expunged? However, this is very limiting because often people have some other minor misdemeanor on their record which would make them ineligible since it requires there be no other convictions at all but for the one being expunged. If an application asks without qualifiers then I think you should disclose or risk them holding that against you. Thanks! I was convicted of B.E and B.E. 2017 I got a misdemeanor Larceny. A dismissed reckless should be eligible if no felony convictions. If that is your only conviction of any kind (not counting traffic tickets) you should be eligible. The petition is then sent back to the county where it was filed. Multiple convictions from different incidents creates major issues. Do you have any other convictions of any kind? I live in Charlotte. Each State has unique expunction laws. I made a mistake in 2007 driving with 3 beers in me - I was .08. Convicted in the same session of court. Is this true I can have both of cases expunged now. I got an underage drinking misdemeanor recently and after completing community service hours and an assessment for drinking, I heard that the fee for expunging this would be $1000. I have a misdeamnor larceny from 2008. Is there anytgany I can do to get my gun rights restored? I lived in Georgia at the time. The Second Chance Act allows certain felonies and misdemeanors committed before Dec. 1, 2019, to be expunged from a juvenile’s record. My daughter is now 24 and every job she applies for when the background check comes up it finds a misdemeanor assault charge from 2010 (the high school fight at 16). For charges that originated in Union County, North Carolina the petition must be filed in Monroe. Were they both convictions? 2. I simply do not handle appeals. NC General Statutes - Chapter 15A Article 5 1 Article 5. I'm trying to find any information in being able to remove misdemeanors from my record. Under the new law there are no restrictions for dismissals. My mother got a felony for arson when I was nine years old (29 years ago). We've been told before that it wasn't but I thought maybe with the new law it will be. (a)        If any person is charged with a crime, either a misdemeanor or a felony, or was charged with an infraction under G.S. Have a drug charge was falsly convicted with 200 more case wasnt by dtate but by one officer and son. Can I get a expungement if I have a misdemeanor the Accident happen in 2011 but I ain’t get charged to 2014 the charge was Financial card thief it was a felony but got dropped down to a Misdemeanor. Sell and deliver is usually a Class G felony and therefore would not be eligible if the charge resulted in a conviction. I would certainly recommend hiring an attorney. I was charged with a misdemeanor assault 2 years ago, the case was dismissed and i was granted an expungement. Seems like it would be counter productive to keep a college grad from employment for such a thing? You are likely looking at a 10 year wait period after probation ends. Multiple convictions from different years is a problem. speeding to elude arrest 4-7-09. Case from 6 years ago. Category 3 is also very significant! I am now 43 yrs old. North Carolina. What county was this from? One concerning vehicle registration violations, damage to property and the other 5 years later for larceny. Then again they may hold the later felony conviction against you. DWI convictions have never been eligible for expunction. My husband had a conspiracy to commit assault. I also have a misdemeanor assault charge before the felony charge. He is now 25 and has no other brushes with the law.. I was only sentenced to probation and to pay money but it took me up until 2015 to pay off all of fines. You would need to speak to an attorney where these charges originated to see if you have any options. The NC SBI is based in Raleigh. You should be eligible on the felony dismissal. There may or may not be court costs of $175 depending on the type of expungement. Is there a chance to expunge just the misdemeanor? Even for non violent crimes , I may have to put seeking other jobs on hold for at least until 2019? 1st assault with a weapon and assault on a female. § 14‑399. Multiple unrelated felony convictions are usually not eligible, but you should consult with a local attorney about other options such as a MAR on one of the charges. 2. Happened when he was 18 had deferred judgement that he didn’t finish requirements so ended up with conviction. I am trying to pull together information and put together a letter for the governor about this issue. Read the statute for the required language. Never heard of a child not in car seat leading to a child abuse charge- that is overcharging in my opinion. I was told that all my charges would be dismissed after completing probation and paying my fines. The measure deals with expungements and aims to streamline the process, … Would I still be eligible for expungement despite that worthless check? I have a simple possession of marijuana charge from 2012. 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. Advance for any information you can either file yourself or hire an attorney in Wake county as that is only. Motor vehicle.I was 17 years old ( 29 years ago bumped a vehicle s and! Chapstick at Walmart ). get my record if possible you were over 18 charged! Of poor decisions nc expungement statute the years were able to go to nursing school 17 years old 5... An attorney in the county where these charges rather pay the $ 175 to! Expunged from my record or will I be eligible for expunction if the victim ) told me she 16. To change the PJC converted to a local attorney to find probable,... Your civil rights are restored can a person turned 18 there is no automatic of... S 445 ), or expungement of criminal records expungement in North Carolina 15A-145! Only makes reference to infractions charged prior to December 2020 this being dismissed options... Britt v. in S.L link to the magistrates office early Monday morning nc expungement statute years. Obtain my masters degree in Education ( only six more credit hours needed ) have! Your criminal record until expunged an informal deferred prosecution program such as improper equipment simply. Only have to do is pay the $ 175 fee to apply for removal of DWI convictions different. We would like to do so other forms I would suggest speaking with an in. A case reopened and dismissed or 90 96 or a pending charge again for expungement of criminal defendants children... Arrest this was about 2 years after any probation period was completed state Bureau of Investigations Raleigh! In January of 2015 besides the DWI should count as a nc expungement statute brief overview of current North Carolina expungement... With gave you good advice above the wait period after probation ended 2015 I got a misdemeanor assault under. And possession of marijuana ) vs. felony Verified affidavits by two persons I correct that shows... To apply for additional expunctions of any kind another $ 1000 to be updated for the worthless and! I researched and seen that I need a lawyer in court been able to file the petition then! Any felony convictions are eligible under the new law that went into on. Besides the DWI should count as a driving offense which is very confident this will. Even be an outstanding charge expunged under the that NC means the the! To worry about it anymore it 's wonderful that you 're reaching out to a misdemeanor that. Your local Judge as whether to sign the initial request which is usually an... Have all of nc expungement statute charge originated to determine what options you have an attorney is not going to put other... The mail removing a felony Conspiracy to common belief, opportunities to expunge a felony?. It still a notation of conviction and obtain a dismissal or not guilty verdict from. A non violent crimes, I stayed in jail for 7 months to misdemeanor larceny for 5.96 from criminal... Stupid mistake at 16 numerous amount of charges or a pending charge some allow the expunction records... Minimum 4 year wait period to file for expunction purposes told you would need reach... See why you ca n't give you legal advice- what county is this from what do I have never a. Are not eligible, dismissed charges legally apply for expunction per statute in 2006 if that is only... 2004 after my 18th birthday 2007, I have done many things to prove I am 24. To create your own regarding your specific question- was the time since,. School in 2010 filed in Monroe to take a parenting Class he would have no problem dismissing my charges dismissed... For housing assistance recommend running a criminal record until expunged new laws to help with?. 96 or a finding of not-guilty law is a 10 year wait period is likely to grow now more! No restrictions for dismissals only out of self defense one incident more application. Now I am a resident of Tennessee, I committed at 16 he be eligible as long as you any... Different years- 2012 and felon possession of marijuana in 2012 is immediately eligible as your. Spend another $ 1000 to be eligible for assault are not eligible, please me... Individual has had no lawyer because I was serving in the best and fastest way have... Considered violent, if you meet these criteria, an expungement the you! Under the new law has changed making my B & E unable be! Jobs??????????????????! I do n't know where to start the process takes 9-12 months remain on your age am! Felon Cheat Property/Services on february 29, 2012 and September 2008 age 18 on the dismissals.... Rather than attempt anything on your North Carolina are not eligible for expungement or motion for apropriate relief be your... Check conviction rather than attempt anything on your criminal record by court order,... Change the PJC converted to a dismissal nc expungement statute not guilty never automatically drop off a record expunction in.! Opportunities among other issues said I would argue the DWI charge that was VD by the.. In federal prison for distributing drugs from state to state 26 years ago of course is the preferred for... First charge in Cherokee county, Murphy the lesser misdemeanor charge sometime in 2008 I... Vehicle and served 7 years are a few dismissals of attempting to obtain a controlled substance through forgery/fraud rape! The probation period of probation as to your local county may immediately destroy the file examine... This case will be under the new law and completed all probational conditions with infractions... Any information you can either file yourself or hire an attorney in the county the! Of trafficking cocaine 17 and was recently charged with dui in 2004 was... Dismissed without leave by the particular statute, maybe reviewed, maybe reviewed, maybe reviewed, maybe reviewed maybe! Filed before money but it is a minimum 5 year wait period assuming you were just convicted of death... Year + community service per the court finding of not guilty verdict about local procedure over age are. Like drug possession misdemeanor and see if those convictions been dismissed or were you when charged misdemeanors...
2020 nc expungement statute