General Information
An expunction, which is the same thing as an expungement, is the process of clearing a criminal conviction or charge from a person’s record. This process will also result in the destruction of the state’s record of the arrest. Due to constantly evolving expunction law, the statutes have become somewhat complex and it is important to have an experienced attorney guide you through every available avenue to clear your record, particularly because some expunctions you are only allowed to get once. Stop letting the past hold you back from achieving your future. Below, are just some of the common types of expunction scenarios, but call us for a free consultation to learn more. The North Carolina Judicial Branch also has additional resources here.
Expunctions of Dismissed Cases
Recently, the North Carolina General Assembly passed a bill making it easier to get multiple expunctions of cases that were either voluntarily dismissed or dismissed as a part of a deferred prosecution agreement. Sometimes even having a dismissed charge on your record can cause uncomfortable conversations with potential employers or school admissions counselors. Let us help you clear out past mistakes or false charges so that they don’t have to hinder your future potential. These types of expunctions are found in North Carolina General Statute 15A-146(a) and (a1). The filing form is AOC-CR-287 and is available here.
Expunctions based on Identity Theft
One type of expunction that has no limit on the amount you can obtain is if the charges or conviction on your record was based on an incident of stolen identity. A common scenario where this occurs is when someone has an encounter with the police and gives a false name that matches yours. Sometimes, in the worst case scenarios, that person may fail to appear in court and then you are the one who gets arrested. North Carolina General Statute 15A-147(a)(1) covers the procedure for these types of expunctions. The filing form is AOC-CR-283 and is available here.
Expunctions of prior convictions
Several North Carolina General Statutes, beginning at N.C.G.S. 15A-145, even cover certain types of expunctions for prior convictions. In these circumstances, you may be eligible for a limited number of expunctions after a certain time period has elapsed. This length of time will vary depending on whether the prior conviction was a misdemeanor or a felony, and whether the prior conviction is considered “violent.”
Expunctions based on youth/age
In some cases, the time period required for expunctions of prior convictions can be even shorter if the offense was committed prior to the client reaching the age of 18 in some circumstances, and age 22 in others. These cases are becoming fewer and fewer as North Carolina has recently raised the juvenile age from 15 to 17. If you aren’t sure if you qualify for this type of expunction, give us a call so we can help.