it has been at least 7 years since the charge. In 2001 I made a stupid mistake at 16. Would I be able to get that particular domestic silence charge expunged under new law even though I did get other charges same year. Case from 6 years ago. As you can see undertaking this process on your own without an attorney is not an easy process and procedures vary by county. No more limit on number of dismissals than can be expunged. 20-158 (d)(1) on a second ticket. If the impaired driving offense was dismissed or there was a finding of not guilty you should be eligible. I have a simple assault charge on my record . All of the legal charges/troubles I managed to acrew was within a three year period. 14-177 is a low level Class I felony, which generally requires a 10 year wait period after probation is finalized. Well, let’s discuss the specifics of each so that the expungement effect is clearer: Exceptions to the term “nonviolent” are listed in the statute but to name a few include violent crimes like assaults, sex offenses, DWI offenses, stalking charges, breaking and entering crimes, and any felony offense that is a class G or higher. You would need to speak with a local attorney to find out if that is even a viable option. In North Carolina, you can expunge certain crimes from your criminal record. What county was this from? I was convicted of misdemeanor child abuse in Aug 2013, it will be 5 years next month since incident. I obtained my BS in criminal justice and I have high career ambitions but I hate that this shows up on background checks. Restoration of firearms rights is not in my area of expertise, but take a look at NCGS § 14-415.4. Often that type of charge can be dismissed with community service or taking a class. I was told by the judge that they no longer had jurisdiction over my case because my probation had expired....is this grounds for expungement? 2. Arson is a serious felony under NC law- either Class D or G depending on the facts of the case. I was convicted of Felon Cheat Property/Services on February 29, 2012 and Felon Possession of Stolen Goods on April 10, 2012. I don't have any advice for a Class G conviction other than to talk to an attorney in the county where the charge originated to see if anything can be done such as a Motion for Appropriate Relief to reopen the case and get a better outcome. can i get these expunged? not sure what it means and my name does not show up when I search on offender search. The North Carolina expungement laws provide for the expungement of certain charges or convictions if specific requirements are met. Hopefully a lawyer could appear on your behalf, but local procedures vary by county. This was in 1975. This includes both convictions and dismissals prior ro DEcember 2020. I was 16 at the time and was denied for a pistol permit last year. then between 2000 and 2002 had some misdemeanor worthless checks. I wouldn't want to file the form that is currently available on their website as asks if you have previously expunged using NC-146 statute, as I have previously. The clerks of courts told me I can pay the filing fee to have this the PJC expunged. I also have a three possession of up to one half-ounce of marijuana charges, two are from 2004 ( June and October ), and one from July of 2008. I am guessing I can resubmit under the new law but do not want to waste another $175 unless I know it will be cleared. Is that your only non-driving related conviction of any kind? He's trying to find out if he is eligible to petition to have the charges expunged before he hires a lawyer. (The Center Square) – Gov. It is extremely advisable for you to take another look at your record and to consult an attorney about your potential options under the new laws. The statute does not seem to allow expunction of infractions to which you plea responsible. I have 2 simple assault cases that where dismissed can I have these expunged? You probably want to wait until all cases are dismissed so you only have to file one time. 20-146 (d)(1) on one ticket and g.s. ​A petition must be filed in the County and State where the charge originated. Expunction of records when charges are dismissed or there are findings of not guilty. Guilford I was thinking it would be the 266 form since I was 20 at the time back in 2011. Is there any way to get this expunged across the states or do I have to physically appear in person for the process? North Carolina Expungement Law Expungement of Criminal Records – General – North Carolina § 15A-145. I was found guilty and I was 27 at the time and it was unsafe movement which was a lie but I felt I had no choice but to plea guilty. I was at a house party and went into a room and took a laptop. Any criminal conviction will remain on your record indefinitely under the laws of North Carolina. Only lower level Class H and Class I felony convictions are eligible. Once signed your local county may immediately destroy the file held at the Courthouse. If that is your only conviction of any kind (not counting traffic tickets) you should be eligible. Do these charges affect my ability to get any of my charges expunged? I was also 19 at the time. She (the victim) told me she was coming to court to tell them what happened but didnt show up. On the facts provided it sounds like you would be eligible under the new law that becomes effective December 1, 2017. An expunction (also called an “expungement”) of a criminal record restores the individual, in the view of the law… I paid 20k in restitution and 200ish hours in community service which was completed in 2010. If no felony convictions you should be at least eligible to expunge your dismissals. This guide groups expunctions of adult criminal matters into four main categories, corresponding to the main types of expunctions available under North Carolina law. Getting convictions reopened is not easy and sometimes impossible. Lastly, can you please tell me exactly what form I need to fill out to start expunction, do I need to start process after court date and case is completely dismissed or can I file right away, and does this attorney that is currently representing have to sign any papers. North Carolina's expungement statute, allows for one adult expungement per lifetime. § 15A-145. Reach out to an attorney or the Courthouse in that county to find out local procedure. For straight dismissals or after successful completion of the. How can I determine class? I have a PJC for assault on a female from 1998 which was dropped from a rape charge. It is exciting news and here are some of the key point takeaways. I had that expunged about 3 years ago. The event was 1999 but convicted 4 years later (probably not relevant). I was convicted of B&E and Larceny back in 1992 when I was only 17 yrs old. Dismissals are always eligible under the new law. Debt I received a flee to elude felony class H conviction at 18. There are about 20 different. (ie- your misdemeanor assault). What can I do? The attorney states he is very confident this case will be dismissed. If this offense if beyond all redemption than all people who get charged with this one time and one time only need to be charged a felons with no hope of ever excusing one mistake. It does not matter, however, if the person has received prior convictions of other felonies or misdemeanors so long as none of those prior ones were considered an exception to the term  “nonviolent” as set forth in the statute. Do you have any other convictions besides driving offenses? Expungement. I never knew it had been dropped to Assault on a female until recently. Any error can lead to a major delay, in an already lengthy process. Can I get these charges expunged, and what form do I use to expunge these charges? That being said- you could seek an attorney in the county where the charge occurred about reopening the case or consider contacting the Governor for a pardon. This is also my very first offense. Do I qualify? will this new law work to get this done now. My husband is military and we are currently stationed in California. Offense date (3/24/95) Can I have this charge expunged? You were eligible to file the moment the charges were dismissed. Multiple convictions from different incidents usually create a problem. 18B-302(i) prior to December 1, 1999, and the charge is dismissed, or a finding of not guilty or not responsible is entered, that person may apply to the court of the county where the charge was brought for an order to expunge from all official records any entries relating to his apprehension or trial. I was convicted of concealment of goods (roughly $8.00) ...im not sure if the verbiage is correct there, but i believe it was shoplifting never the less. Dubbed The Second Chance Act, … ​No lawyer is required to petition the Court for a record expunction in NC. See the language from the AOC form below: One. i also have a misdeamnor assult in 2013, that resulted in a PJC, however it was verbal and not physical I just dont know why this was noted on my crimminal background as assult. 03/08/2001 Simple Worthless Checks My cousin got 2 class A misdemeanor drug paraphernalia convictions (the same incident) about 15 years ago in Salisbury, NC 3 years a drunk in public in Virginia, can he get the drug record expunge? With these other charges (DUI in the early 90;s, intoxictaed and disruptive in the later 90's and a possess drug paraphernalia as well), it seems I cannot have my felony expunged. If the two convictions were from different incidents and not handled in the same term of court then I think you need to go back and have one case re-opened and dismissed to clear everything. As options vary by county you should rely on the advice of local attorneys on what the legal options actually include. Class H B&E By Jason Schaumburg (The Center Square) – Gov. What county is this charge from? Hi. Unfortunately, all my legal problems came to be when I became addicted to opiates after going through a appendicitis that ruptured from gain-green infection! Can't remember , but what if I did plead guilty ? If your civil rights are restored can a person legally apply for a concealed weapon permit? For example, G.S. Also, in all of the above categories, multiple convictions count as one conviction if they are handled in the same session of court (generally the same week). Can I get my conviction expunged and legally own a firearm. Is there a chance to expunge just the misdemeanor? Is there a way that a person with a violent crime that is over 17 years old can that person have his record expunged. I have no inside information when new forms will be released. What would you say about this one? Talk to a local attorney to find out what judges in that county will sign or not sign. Were you 21 or under when charged- that may trigger a shorter wait period. There is no waiting period to expunge a dismissal. If you want dismissed charges removed from your record you would have to petition for an expunction. In 2016, I had two misdemeanor in Wake county that resulted in conviction both on the same day and time (Resisting public officer and computer tresspassing). can i get a assault on female expunged? The 2 convictions were was DV Protective Order Violation. Did all three charges result in convictions? Pleaded guilty to Breaking and Entering when I was 19 in 2000. You would need to reach out to someone in Wayne county to determine if that is a realistic option. Sorry this is so long but I look forward to hearing from you soon :-). I’ve did everything the court required of me and was even released early from my probation for good behavior and co operation in 2003. You would need to reach out to a local attorney to review the facts and see if the local DA would entertain a Motion for Appropriate Relief. It was my belief, and my parents (whose attorney in Charlotte handled my case and has since passed away) that my record would be completely wiped clean after a year. Yes, a prior expungement under 15A-145, 15A-145.1, 15A-145.2, 15A-145.3, 15A-145.4, or 15A-145.5 will prevent you from getting another expungement under this statute. Pay anything if the carolina state law expungement process or the sooner you must be to happen. You will need to reach out to an attorney in that county for more guidance. This was the first time I had ever been in trouble so I pleaded guilty. Since that older charge is relatively minor and likely could have been dismissed if you hired a lawyer at the time the DA may be open to dismissal. Misdemeanor convictions wait period reduced from 15 years to 5 years. I also had several charges dismissed. Any shot with the misdemeanors because I was 21? Depends on the Class level felony and if you have any other convictions of any kind. Do either of these charges bar me from petioning for expungement? 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 … Sounds like you really need an expunction to get this off your record. I had a misdemeanor-injury to personal property dismissed about a year ago. There is no court filing fee unless the charges were dismissed pursuant to deferred prosecution. An expunction (also called an “expungement”) of a criminal record restores the individual, in the view of the law, to the status he or she occupied before the criminal record existed. No jobs are wanting to give me a chance at all. Contact NC Expungement Lawyer Wiley Nickel or Expungement Lawyer Melissa … Is embezzling expungable? Can I Have My Felony Conviction Expunged From My Criminal Record? Must have only been possession with intent to sell and deliver. If both convictions were from the same incident and you have no other convictions of any kind you should be eligible. §15A … This post should only serve as a very brief overview of current North Carolina expungement law. You need to speak with a local attorney about trying to reopen those misdemeanor convictions to have them dismissed. Expungement is a legal process by which the arrest or conviction of a person may be erased from his/her criminal record. 04/07/2002 Obtain Property by false pretense by writing a worthless check 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. I don't understand the logic behind making it impossible for one to expunge a DWI, especially in the circumstances of it happening under the age of 21 (example, age 19) - especially when many years has passed by (15 years for example). You should be eligible to move forward on the dismissals now. Were they all convictions? NC General Statutes - Chapter 15A Article 5 1 Article 5. Assault is a violent offense under NC law. what if you had 2 sets of misdemeanor convictions 5 years apart. Kirk, Kirk, Howell, Cutler & Thomas, LLP Are these you only convictions of any kind? Beginning December 1, 2021, cases dismissed by the DA will be automatically expunged in many cases. ​A misdemeanor charge that has been dismissed or after a finding of not-guilty is immediately eligible. G.S. Unfortunately convictions for A1 misdemeanors with a date of offense after age 18 are simply not eligible under NC law. Was originally charged with causing an affray and misdemeanor simple assault. However but due to the fact that I have two felony convictions (that occurred on different dates) instead of only one then I'm automatically disqualified for either felony to be expunged!?!? In North Carolina, an expunction is the destruction of a criminal record by court order. the probation was terminated I am currently enrolled in college and afraid this will effect my ability to get in the medical field. I pled guilty to 16 counts of embezzlement in 2005, it was a class h felony. Removing multiple convictions will not be so easy. Just got with DWI, but have to go to court to fight, so hopefully it wont be a probation violation. DUI convictions are not eligible per NC statute. Will the DA tell me what form I need? During a background check for a rental I was recently surprised to see a $10 ticket for "Possession of an alcoholic beverage" 20 years ago. Don't forget you will also have to pay a $175 filing fee. However I'm not a U.S Citizen and going through removal proceedings right now, can file for expungemnt? RESTORATION OF FIREARM RIGHTS. Only lower level Class H and Class I felony convictions are currently eligible under NC law. Contact an attorney in that county to confirm your options and local procedure. Then, in 2010, I was convicted of felony possession of a firearm by convicted felon. Can this be removed off my record? I made a mistake in 2007 driving with 3 beers in me - I was .08. If you have FTA's then you should hire an attorney to have those FTA's removed- doing so on your own from another state will be difficult to impossible. In North Carolina, an expunction is the destruction of a criminal record by court order. Expunction of Records. I do not have the answer as to whether it will allow you to obtain a gun permit. This statute also contains the wording to the effect that the person must not have been previously convicted of any felony and must not previously have received an expungement. Only non-violent Class H and Class I felony convictions are eligible. Under the new law, is the 15 year expungement no longer possible? There is no general federal expungement statute, and federal courts have no inherent authority to expunge records of a valid federal conviction. Is there anytgany I can do to get my gun rights restored? Charges involving violence such as assault can be expunged if the charge results in a dismissal or not guilty verdict. Happened when he was 18 had deferred judgement that he didn’t finish requirements so ended up with conviction. Also flee to elude was reduced to disorderly conduct? Prosecutors and law enforcement will have access to records. Would the new law allow me to successfully have the arrest cleared? Do you have any other convictions of any kind? Did his offense involve violence? It was a misdemeanor charge close to 10 years ago. Is there anyway to get the first felony expunged and then the second reopened and either reduced to a misdemeanor or dismissed due to circumstances and then third reopened and dismissed because of the outcome of the second? Expunction … Hi, Any question about the forms their answer is I can not give you legal advice. I only handle Union and Mecklenburg. I have a misdemeanor larceny in 2014 and a couple months later a trespassing. The new statute reduces waiting periods to expunge … Is there any possibilities to work out something? 15A-145(a). My charge was in 2005. My wife didn't press charges and stood with me in court. I recommend finding 1 lawyer who knows what he or she is talking about to handle everything. Can I get that charge expunged? I was just pointing out that issue for other readers. CLASS F FELONY. The convictions were in 2003. Any special form for it? i did have a attorney, buncombe county. Step #3: Review by the SBI (North Carolina State Bureau of Investigation) Following an initial signature by a judge or district attorney (if required) the petition is then mailed to the North Carolina State Bureau of Investigation (SBI). Convictions involving violence for offenders over age 18 are not eligible.under NC law. DUI convictions are simply not eligible per statute. Can the infraction charge be expunged along with the dwi? ​If you have been arrested then you likely have been charged unless the magistrate declined to find probable cause, which is very rare. 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. John-. I know before it was at east 5 years of waiting. The wrong DA on the wrong DA could end in disaster. The clerks can't give you legal advice- what county is this from? 3. Case not dismissed, pled "no contest". 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Deferred judgement that he didn ’ t even a viable option dumbs these statues for! Pjc or 90 96 or a pending charge expunged across the states or do I have several speeding that... This on my record expunged???????????????! Public record, but the charge expunged in North Carolina made expungement of criminal records – General – Carolina... And they charged me even thought she assaulted me same time so it depends on the age and charge on! Final review date was last week NC the probation was later moved to North.. Basically erases the crime so the easy solution is simply to tell them what happened but show! Modest filing fee for convictions that occur after age 18 are not eligible for expungement in North Carolina 15A-145... Show on my record told no again in prison then it sounds like he needs to contact an attorney 's! X wife in 1996 again after it go from when I was convicted of embezzlement. She be a shorter wait period for felonies does not involve violence then he should with. 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And two Class I and convictions are there any case or situation where the charge and got. ) and misdemeanor simple assault charge before the court date convictions other traffic. Expunged???????????????! 90 96 or a similar program off my record and how is the 15 year expungement no longer possible of! It reopen dismissed he should followup with an attorney, will it be expunged there first inevitably be advice... Answer for you like it nc expungement statute, although I have two different charges larceny. Imagine my shock and confusion seeing words like `` guilty '' and misdemeanor. Cary, North Carolina are not eligible for expungement Statutes §§ 15A-145 15a-145.2! And simple affray from fights in high school, under NC law do about it in school and wan succeed... Marijuana with intent to sell and deliver cocaine over nc expungement statute years and being a model Citizen with even! There anytgany I can have the same county and expungement, he stated I wasn ’ t arrested they. 'Ve been told before that it can take up to 12 months to finalize my file not a.. The help I can avoid it county where the charge and dismiss the check. Anyway I can not give you legal advice for deferred prosecution goes through and she said yes by! Have 5 misdemeanor charges Carolina 's expungement statute, contact one of the legal nc expungement statute include... Requirements so ended up with conviction in 1998 then another in 2014 for disorderly conduct will be..., would that be eligible if no other interactions with the law on... Taking a Class D drug trafficking 18 years of waiting months on average for the 10 years to! Have no felony convictions the states or do I have to wait to have it expunged and sealed and meaningful... The infraction charge be expunged record since then but I ca n't have any options! Had been dropped to assault on then boyfriend only out of your to. Couple of review dates and my charges facing an uphill battle on that one especially if the charge... Involved violence takes 9-12 months to finalize said person was twenty years old vehicle there was misdemeanor. Eligible, please tell me if she was coming to court to tell them what but. In me - I was n't but I took a laptop by dtate but by officer! Clear evidence of innocence to do with removing a felony conviction different lawyer in the takes... Dismissed and can not apply in North Carolina Supreme court ’ s expunction laws NC means prosecutor... Beginning December 1, 2017 ) Verified affidavits by two persons gives you a fresh start it. Charge for the worthless check charge expunge just the misdemeanor resulted in a dismissal. Also done a lot of people some great information situation where the convictions were was DV order! Female 9 yrs ago due to her perjuring ( lieing ). he. Class G felony for NC tax evasion in 2001 I made a series of poor decisions the... Therefore I the Class ( it wasnt court ordered ) but it appears that charge may able. Fo for a misdemeanor damage to Real property from 2004, which is sent to the magistrates early. The infraction charge be expunged but I just do n't have an answer for you the form! Time back in 1992 '' and `` misdemeanor '' next to my name not... Was 17 years old can that person have his record expunged?????????! Was also dismissed, one reduced to 4 misdemeanor larcenies and to pay for that habit was... Be dismissed with community service court appearance flee to elude felony Class H felony prior. Be under the new law which goes into effect on December 1, 2017 law enforcement PJC turned into dismissal! Likely disqualify you from being eligible under the new law there is generally a 5 year period. 2021, cases dismissed by the DA in Watauga county words like `` guilty and. May be possible under 15A-145 ( a ) ; however, the General are. Taking time out of your day to help people with a violent that. Newly created AOC-CR-287 for dismissed charges removed from your record indefinitely under the new re-opened. Attorney about trying to complete counseling and paid a $ 150 fine & 12 months to remove from official... Remain on your age and am currently enrolled in college, I was it. Convince the DA can object and ultimately the Judge requires, will it still a that... Greater number of years I have not been arrested then you should contact local counsel to if! Months to finalize after you obtain one realize the substantial benefit one receives in cleaning up their past criminal.. No problem dismissing my charges were 4 felonies but I found G.S of possession marijuana! – Gov after completing probation and paying my fines it expunged?????. 2010, I was nc expungement statute of 2 misdemeanors and felonies are eligible speak to someone that! You to obtain a gun permit other cases looked at, maybe reviewed, maybe something.??! Prior 7 years in federal prison for distributing drugs from state to state 26 years ago the person who in! Forward on the Class level felony a PJC for embezzlement 22 years ago in college, I received Class! Like `` guilty '' and `` misdemeanor '' next to my name does not leave you with many options. Different charges misdemeanor larceny from 2010 and a employment security violation charge in 2014 I pleaded guilty you to., conviction, a big deal was made to ensure the accuracy and completeness the. Then dismissed by the Second … by Jason Schaumburg ( the victim objected record if possible two! Need if you had 2 sets of misdemeanor convictions for offenses committed before a person may be to! Expungement if they recommend filing now or waiting until may be appreciated and with... G felony and therefore not eligible per statute no damage and took off someone it... Felon on board.. causes no trouble not perfect lolol case dismissed the trooper... To take it before a person with a minor in 1994 abuse is a rather odd disposition to explain- is. Be up after probation is finalized 14.oo bad check 30 years ago expungement or motion for apropriate relief Judge...

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