North Carolina Criminal Record Expungement: Learn How to Get Your Criminal Record Expunged in North Carolina
North Carolina came up with a brand new list of laws regarding the expungement in the state. It was signed by Governor Roy Cooper in December 2017. The procedure for expungement is elaborate and complicated. You need to place a petition at the district court where the charge had been filed against you and fill in the relevant information in the Administrative Order on Consent (AOC) form. The charges for expungement vary from $0-$175. It depends on the charge you are facing. You are not charged a penny for case dismissals and if you are found not guilty. The procedure of the expungement of delinquent juveniles is different in North Carolina from that of adult felons.
Not everyone is eligible for an expungement. Certain felonies do not come within the ambit of expungement. They are as follows:
- Crimes involving physical assault and molestations
- If an individual is found in possession of narcotics such as meth, heroin, and peddling of drugs such as cocaine
- Crimes involving racism and propagation of hate against a particular religion or community
- Crimes involving burgling
- If are found driving while being intoxicated
As mentioned earlier, the time required for expunging a felony depends upon the charge and age. Following is a list of the charges and the time taken to expunge each:
- Misdemeanor- If you are found not guilty for a misdemeanor, you will be expunged immediately. If found guilty, the time for expungement varies depending upon the age. Previously, you could file for an expungement for a misdemeanor only after 15 years. Now, it has been brought down to 5.
- Larceny- Those found not guilty under this charge are expunged immediately. While those found guilty will have to wait for a minimum period of 5 years from the date of conviction before they can file for expungement. For minors, or individuals under 18 years of age, the wait time is 2 years instead of 5.
- Drug charges- If you are under 22 years of age and you are filed with the charge of possession and peddling of drugs, your wait time is anywhere between 1 year to 10 years from your date of conviction.
- DWI charge- You are never eligible for expungement under the DWI charge.
After the revised expungement law came into force, an individual is eligible to file for expungement on any number of cases. There are no limits whatsoever.
Hiring a Lawyer
It is highly recommended that you hire a lawyer for your expungement as the procedure is lengthy and overwhelmingly complicated and legal advice and guidance are required in filling up the form correctly. If there is one measly error, your expungement is delayed by a few more years than usual.
You will receive a copy of your expungement order from a court clerk after the judge has signed it. You cannot get a second copy of it later as the rule is that all the criminal records have to be burned after an individual’s expungement.
In case your criminal records are not deleted even after the court order, you will have to contact a clerk and check the reasons for the delay. If your criminal records are still available on any of the websites, you will have to talk to the owner of the domain and get it fixed.
Once you are expunged, your name will not show in background checks for jobs. You can let out a sigh of relief on that.
For free legal assistance, you can call up 1-866-219-5262. You can also apply online to get yourself a free attorney.
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