Scharff Law Blog
We Go to Battle to Protect Your Freedom
Can Violent Misdemeanors Be Expunged?
A misdemeanor conviction on your criminal record can cause difficulty getting a job, finding an apartment, or buying a home or car. If you’ve made a mistake in your life that resulted in a misdemeanor conviction, there may be a way you can have it removed from your record.
Some types of violent misdemeanors can never be removed from your record, while non-violent misdemeanors can be removed after 5 years. Let’s look at violent and non-violent misdemeanors and learn what you can do to get your life back.
Types of Misdemeanors
There are so many kinds of misdemeanors in North Carolina that it is impossible to list them all here. Here are examples of misdemeanor crime laws that you may not even know about:
Wearing by nonmembers of American Legion emblem for commercialization purposes.
Littering (15 pounds or less, not for commercial purposes).
Parking vehicle in private parking space without permission.
Unlawful removal or destruction of electronic dog collars.
Unlawful manufacture, sale, delivery, or possession of Salvia divinorum.
Intoxicated and disruptive in public.
Computer trespass.
Riding on train unlawfully.
Penalty for operation of pet shop, kennel or auction without license.
Sale of speleothems unlawful
If you would like to read the rest of the 66-page list of possible misdemeanor charges in North Carolina, you can read them here.
Even though you may not have realized you were breaking the law when you were charged with a misdemeanor, ignorance of the law is not generally the best defense. It is always best to hire an experienced criminal defense attorney before going to court on any charge.
Get Rid of Convictions From Your Record
Once you have a misdemeanor conviction, it stays on your record unless you choose to file for an expungement of your charges. An expungement wipes your record clean, and your past is no longer held against you in a court of law or on background checks.
The expungement process includes multiple steps involving the court system, the arresting agency, and the State Bureau of Investigation. In the absence of legal representation, the petitioner must correctly complete the petition form to include all personal and court information, docket numbers, charges, and dispositions.
Before completing the petition form, you can obtain a copy of your criminal history record information at the SBI’s Right To Review process under the “Personal Background Check” section. You must include all charges, corresponding docket numbers, and file numbers in the appropriate locations on the petition form.
Correctly filling out the petition is crucial to success. The petition form must include the appropriate North Carolina General Statute (find the statutes listed in the petition section entitled Petition/Motion to Expunge), your signature or your attorney’s signature, and a judge’s signature. The application will automatically be rejected if this information is missing.
When Can I Apply to Have My Record Wiped Clean?
You are eligible for expungement once you are 5 years out from the offense (and your sentence, if any, is completed). Any type of misdemeanor is eligible for expungement (also called expunction) unless it is a violent offense.
The most common non-violent misdemeanors in North Carolina include these statistics by the UNC Criminal Law School of Government:
Violent Misdemeanors
If your misdemeanor is considered violent, it may not be expunged according to North Carolina law. If you were a minor when you committed the offense, there might be a chance for expungement. Talk to your criminal law attorney to find out what is possible for you.
Some examples of violent misdemeanors in North Carolina include these statistics by the UNC Criminal Law School of Government:
Find Help
Whether you have a long-standing conviction on your record or have just received a sentence for a misdemeanor, it is worth contacting an experienced criminal law attorney to look at your specific case. Laws in North Carolina change and can apply differently to crimes committed in 1980 than ones committed in 2020.
If you are ready to apply for an expungement or are unsure whether you would qualify, your attorney can guide you through the process, including any hearings you must attend, and help file your petition. The best outcomes are when working with an attorney who understands the laws and how they may apply to your unique situation.
How Can I Expunge a Juvenile Record?
If you have committed a crime while a juvenile, you are not alone in your struggle to break free of that old identity. Let’s look at how and when it is possible to expunge your juvenile record.
How Long Does a Misdemeanor Stay on Your Record?
While a misdemeanor is not as serious as a felony, you can still face problems with background checks. When you apply for a job or a new apartment, others make assumptions about you. While a misdemeanor charge does not automatically fall off your record, there is an...
Can Misdemeanors Be Expunged?
Whether you have a class one or class three misdemeanor on your record, you may know the feeling of rejection well. It can be difficult to keep a job or get an apartment with a criminal record, even a misdemeanor. In North Carolina, many misdemeanors can be expunged. Learn about the types of misdemeanors that are generally expunged and those that are not.
How to Get a Felony Expunged
In North Carolina, there is a system of expungement so that you don’t have to live with a criminal record for a lifetime. Depending on the type of crime and when you committed it, even felons can take advantage of this system. Learn how to get a felony expunged in North Carolina.
How Do Expungements Work?
Because potential employers and any background checks reveal your record, you are at the mercy of your reputation. However, there is a way out. In North Carolina, you can apply for an expungement to remove criminal records from your permanent record. Learn how expungement works in NC.
What Happens If You Get a DUI With a Child in Your Vehicle?
Every state enforces safe-driving laws that intend to protect both the driver and the public from reckless accidents. One of the illegal activities that puts drivers and pedestrians at risk is driving under the influence (DUI). Driving while under the influence of...
How Long Does a DUI Stay on Your Driving Record?
No one wants one mistake to impact the rest of their life. However, drivers should know that, typically, a DUI charge remains on your record with some permanency, and carries long lasting effects to your future. Consequences of a DUI Charge Aside from the obvious...
Is it illegal to spank your child in NC?
North Carolina is a state that allows physical punishment to discipline children. In the recent past, the question of when punishment becomes child abuse has surfaced in the state. Though different members of the public give different answers based on their own...
Do Expunged Records Show up on Background Checks?
The record expungement process exists to help individuals overcome their past mistakes. A criminal record can interfere with employment opportunities, present a roadblock when an individual needs financial aid or financing, and even limit housing options. Employers...
Get In touch
"Amily McCool with Scharff Law Firm is a lawyer with true passion for what she does for who come seeking help. From the initial conversation, first court appearance and final verdict of a full dismissal. Thank you again for helping me get my life back on track you were a true blessing in my difficult time."
- Dell J.
