Old mistakes or even bogus charges can stay on your record forever. Just because you were found Not Guilty or your case was Dismissed doesn’t mean that the charge was removed from you record. Prospective employers, landlords and your friends and neighbors can still see that you were charged with a criminal offense.
There are several situations where North Carolina law allows you to expunge your records, eliminating all records related to your charge, arrest or trial. However, the State does not automatically do this for you. You need to retain private counsel.
If any of the following situations apply to you, you may be eligible for an expungement (also known as an expunction):
- If the case was dismissed or you were found Not Guilty, you may be able to expunge any number of such offenses occurring within one calendar year so long as you have not been convicted of a felony offense and you have not obtained a prior expungement.
- If you were convicted of a misdemeanor, which was committed before your 18th birthday, and have no other convictions, you may be eligible for an expungement after 2 years.
- If you were convicted of a misdemeanor larceny more than 15 years ago and have no felony convictions, you may be eligible.
- If you successfully completed the 90-96 Program or certain drug diversion programs, you may be eligible.
- If you were the victim of Identity Theft or received a Pardon for a criminal offense, you may be eligible.
The law on expungements is complicated and is covered in a number of statutory provisions. To determine if you are, in fact, eligible, you will need to meet with one of our attorneys. Consultations are free.
The process for obtaining an expungement differs depending on which provision you are applying under. It generally takes two to four months to complete the process. It may be necessary to obtain affidavits, court records and a criminal record check as part of the petition.
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