In this article, you can discover:
- What expungement means and how it works in North Carolina.
- The eligibility criteria for getting a criminal record expunged.
- The waiting periods and steps involved in applying for an expungement.
What Is An Expungement In North Carolina?
Expungement is a legal process of removing a conviction or a charge from someone’s criminal background.
Who Is Eligible To Have Criminal Records Expunged In North Carolina?
Anyone is technically eligible to get a charge or conviction expunged, but eligibility depends on factors such as the type of conviction, the age of the offender, and how long it has been since the conviction.
What Convictions Are Not Eligible For Expungement In North Carolina?
Crimes with an element of violence, including all forms of assault, are not eligible for expungement. Most misdemeanors and non-violent felonies can be expunged, with the exception of misdemeanors dealing with assault.
Are There Convictions That Are Automatically Expunged From Someone’s Record?
Due to the recent passing of the Second Chance Act, misdemeanor and felony offenses committed after December 1, 2021 where the offender was found not guilty or the case was dismissed are automatically expunged. However, due to the recent changes in the law, the procedure for expungements is still being fleshed out and it may take some time for clerks and judges to catch up with the new law.
Is There A Waiting Period That Must Be Met Before An Expungement? How Do I Apply To Have A Criminal Record Expunged In North Carolina?
There is a waiting period for expungement depending on the type and number of convictions…
- For non-violent misdemeanors, the waiting period is five years from the date of conviction or release from jail or probation.
- Multiple non-violent misdemeanors require a waiting period of seven years.
- For one non-violent felony, the waiting period is 10 years.
- For multiple non-violent felonies, the waiting period is 20 years from the last conviction.
To apply for expungement, it is best to seek an initial consultation with a legal professional.
For more information on the Process of Expungement In North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (252) 572-4495 today.
(252) 572-4495
