how to get a non violent felony expunged in n.c. without a lawyer

by Aurelio Jacobi 6 min read

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:

Full Answer

How can I get my record expunged for free in North Carolina?

Legal Aid of North Carolina's Criminal Record Expungement clinics are free and open to the public. There are no eligibility restrictions.

Can you remove a felony from your record in North Carolina?

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.

How much does it cost to expunge a felony in NC?

$175.00
The cost to file this expunction is $175.00, which must be paid to the clerk of court at the time of filing.Apr 23, 2015

What felonies Cannot be expunged in North Carolina?

To expunge a conviction, you must provide a number of documents, such as having two witness affidavits declaring you have a good moral character. You can't expunge a violent misdemeanor, violent felony, and certain drug crime convictions.Jan 26, 2021

What felonies Cannot be expunged?

Crimes involving violence, endangerment to children, kidnapping, sexual assault, robbery, arson, terrorism, and severe injury or death of another person typically are not eligible for expungement.Dec 6, 2019

Who can see expunged records in NC?

What is an expungement? An expungement is when a judge orders a record sealed so the public cannot see it. The purpose of the expungement is to seal a record as if the charge or conviction had never occurred. While the SBI, and soon prosecutors, can see it, the public cannot.Oct 12, 2020

How long does it take to expunge a record in NC?

Before: To expunge a misdemeanor conviction, you needed to wait 15 years. Now: Misdemeanor convictions qualify for an expungement after five years instead of 15. Before: To expunge a felony conviction, you needed to wait 15 years. Now: Felony convictions qualify for an expungement after 10 years instead of 15.Sep 22, 2021

Does a felony go away?

A felony conviction will generally remain on a person's criminal record for life. Typically, the only way to remove it is to have it expunged. This process can seal the conviction from public view. Each state has its own expungement rules.Jun 8, 2021

What is the Second Chance Act in North Carolina?

What does the NC Second Chance Act do? The Second Chance Act provides that charges which result in a not guilty verdict or dismissal without leave will automatically get expunged by operation of law. The Act does not address the method for the process for the automatic expungements.Jun 25, 2021

Can felons get gun rights back in NC?

Completion of a felony sentence alone does not lift the federal firearms ban. Although North Carolina law restores a person's civil rights after the person completes his or her sentence, it continues to impose a firearms ban.

How do I get a pardon in NC?

By law, pardon applications to the governor must be in writing and signed by the convicted person or someone on his behalf. The application must contain the reasons for asking for the pardon and a certified copy of the indictment, verdict, and court judgment (NCGS § 147-21).May 9, 2003

How long does it take to expunge a felony?

A typical timeframe to complete the expungement of a felony in California is about 4-5 months. Cases are heard by the courts in the order in which they were filed. File the forms at the court in the county where you were convicted.

How long does it take to get a drug conviction expunged?

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.

Can you erase charges that have been dismissed?

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.

How long can a felony be expunged?

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.

How long does it take to get a felony conviction expunged?

Puerto Rico – All felonies, including violent ones, are available to be expunged after six months to five years, as long as DNA is provided.

What crimes can be expunged?

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

Can you see a felony conviction on someone's record?

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.

How long can a felony be set aside?

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.

Can you see a record if you get expunged?

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.

Which states have expungement laws?

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.

Can you expunge a crime in NC?

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:

Can you get your criminal record expunged in NC?

Under NC expungement law, you may be eligible for criminal record clearing if you: Were arrested but never charged.

What does expungement mean in NC?

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.

What is a class A felony?

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)

What is an expunction?

An expunction is the destruction of a criminal record by a court order.

What can be expunged?

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.

Can a felony be expunged in NC?

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.

Can you get an expungement for a misdemeanor in NC?

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.

How long does it take to get a conviction expunged in NC?

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.

How to get a criminal record expunged in NC?

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.

Can a DWI conviction be expunged?

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.

How long can a misdemeanor be expunged?

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.

Why do You Want Your North Carolina Criminal Case Expunged?

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.

What Types of Cases are Eligible for Expungement?

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.

Contact an Experienced Jacksonville Expungement Attorney

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.

Do you have to disclose expunged convictions?

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.

What is the Fresh Start Act?

5492) that would permit engagement of certain non-violent federal criminal offenses. Unfortunately, this is not currently the law. Report Abuse. Report Abuse.