To expunge a criminal record in North Carolina, you must file your petition at the county courthouse where you were charged. You must fill out the specific AOC form that applies to you. The forms are based on your age, charge and outcome of the case, among other things. In order to qualify for expungement, you must meet the following criteria:
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Under the new law there are wait periods for convictions ranging from 12 months to 10 years for those under age 22 at the time of the offense, depending on the exact charge.
The new law makes a much needed change by allowing a person to erase an unlimited number of charges that have been dismissed no matter when they occurred as long as the individual has no felony convictions.
Maryland – Enumerate felonies after ten to fifteen years may be expunged. Massachusetts – Ten years with no convictions can make a felony able to be expunged. Michigan – First time felony offenders with less than three misdemeanors can have felony convictions set-aside.
Puerto Rico – All felonies, including violent ones, are available to be expunged after six months to five years, as long as DNA is provided.
Not all felonies are likely to be expunged. Crimes involving a sexual offense, violent crimes, or those containing evidence of endangering others are not likely to be expunged, as it’s a harder case to make that an expungement is deserved if the crime was particularly bad. Some of these crimes include: 1 Murder 2 Felonies where the victim is a child 3 Rape 4 Sexual battery 5 Serious weapon charges
This also keeps the public from being able to see a felony conviction on someone’s record. The difference, however, is that the public can still know that there is a record; they just can’t see it . The convicted is still required to disclose their criminal record, but it is not necessary to inform anyone on what that conviction was for. Since it’s not often that the violent crimes mentioned above are sealed, it’s going to be obvious to whoever hears of the sealed record that it was a lesser crime, not one that is likely to happen again or is particularly dangerous.
Oregon – Less serious felonies can be set-aside after one to twenty years. Pennsylvania – No general authority for limiting access to records of felony convictions. Puerto Rico – All felonies, including violent ones, are available to be expunged after six months to five years, as long as DNA is provided.
There is the possibility that, even if you do receive an expungement, there are circumstances where certain individuals can still see a record, namely law enforcement and the court. The court can also use a previous felony, even if it was expunged, in the decision making process for a new conviction.
Mississippi – It’s possible to expunge first time offenders of less serious felonies. Missouri – They allow expungement for less serious crimes, excluding violent and sex crimes, after seven years. Montana – No authority to expunge or seal adult convictions. Nebraska – No authority to expunge or seal adult convictions.
In North Carolina, you can expunge certain crimes from your criminal record. An expungement essentially gives you a fresh start – it basically erases the crime so the general public can't tell it ever happened. Under NC expungement law, you may be eligible for criminal record clearing if you:
Under NC expungement law, you may be eligible for criminal record clearing if you: Were arrested but never charged.
An expungement essentially gives you a fresh start – it basically erases the crime so the general public can't tell it ever happened. Under NC expungement law, you may be eligible for criminal record clearing if you: Were arrested but never charged. Went to court and were found not guilty.
Class A through Class G felonies. Crimes that involve contaminating food or drinks in a way that makes someone mentally incapacitated or helpless. Felonies that include assault as an essential element of the offense. Felonies that require you to register as an offender (such as a sex offender)
An expunction is the destruction of a criminal record by a court order.
The rule for the type of offenses that can be expunged from your criminal record are determined by statute. Expunctions are granted by the State of North Carolina – that means, you cannot expunge records from other states or for federal offenses.
Expunging a Felony Conviction in NC. If you are charged with a felony in NC, you are eligible for a dismissal or a non-guilty verdict. However, if your case results in a conviction, the wait period depends on the charge and your age. Violent felony convictions are typically never eligible for expungement.
If you are charged with a misdemeanor in NC and it results in a non-guilty verdict, you are immediately eligible for expungement. If you are found guilty, the wait period for expungement depends on your age and the specific charge.
One of the goals of the new law is to reduce the wait time to expunge non-violent misdemeanors and felony convictions. This way, the millions of NC residents with criminal convictions can clear their records faster. The most important components of the change are detailed below: 1 Misdemeanor convictions can now be expunged after 5 years instead of 15. 2 Felony convictions can now be expunged after 10 years instead of 15. 3 There is no more limit on how many dismissals can be expunged. 4 Prosecutors and law enforcement personnel will have access to all records.
Expunging a Criminal Record in NC. To expunge a criminal record in North Carolina, you must file your petition at the county courthouse where you were charged. You must fill out the specific AOC form that applies to you. The forms are based on your age, charge and outcome of the case, among other things.
DWI convictions are excluded from the non-violent misdemeanor classification and are never eligible for expungement. If your DWI charge is dismissed or your achieve a non-guilty verdict, you are immediately eligible for expungement.
Misdemeanor convictions can now be expunged after 5 years instead of 15. Felony convictions can now be expunged after 10 years instead of 15. There is no more limit on how many dismissals can be expunged. Prosecutors and law enforcement personnel will have access to all records.
Having a criminal record can be challenging. Criminal records are easy to locate and they are used by employers, schools, landlords, potential customers, colleges, insurers and other companies to evaluate applicants and candidates. Even if your criminal case was dismissed, the arrest remains on your criminal record.
You can essentially group expungements into one of two categories: cases where the person was convicted of something, and cases where the person was acquitted or the charges were dropped.
The Trevor J. Avery Law Firm, LLP is a full-service Jacksonville Criminal and Civil law firm that is committed to providing results-driven legal representation to businesses and individuals seeking an alternative to large-firm representation.
Finally, you should know that for certain jobs you would still need to disclose an expunged conviction. If for any other purpose, to not lie on an application. For example, if your were required to pass a high security clearance, you would definitely disclose and explain the offense.
5492) that would permit engagement of certain non-violent federal criminal offenses. Unfortunately, this is not currently the law. Report Abuse. Report Abuse.