Facing a criminal charge is beyond stressful. Imagine finally hearing the news: the charges have been dropped. It’s a huge relief, right? But then the question pops up in your mind, “If charges are dropped, is it still on my record?” It’s a question many of us have, and the answer isn’t as straightforward as we might hope.
Whether you’re concerned about job applications, housing, or peace of mind, understanding what happens to your record when charges are dropped is crucial.
Let’s dive into what it means when charges are dropped, how it impacts your criminal record, and what steps you can take to clear your name completely. We’ll break down the legal jargon, talk about the real-world implications, and provide some clear guidance on what you can do next.
This is about making sure you have all the information you need to move forward without that lingering worry hanging over your head. So, let’s get into it and ensure you know exactly where you stand.
If Charges Are Dropped, Is It Still On Your Record?
Can potential employers, landlords, or even governmental agencies still see dismissed charges? Let’s explore what happens to your arrest record and see how to manage your criminal history moving forward.
What Happens When Charges Are Dropped?
When charges are dropped, it means the prosecution has decided not to pursue the case. You are not found guilty, and the case does not go to trial.
However, this dismissal does not automatically remove the charge from your record. The arrest and the charges still appear on your criminal record, and they can show up in background checks.
This can happen even if you were never convicted of the crime. The public view of your criminal case remains unless further action is taken.
The Impact of Dismissed Charges on Your Record
Even though you were not convicted, dismissed charges can still affect your life.
Employers, landlords, and even some governmental agencies often conduct background checks. Seeing a dismissed case might raise concerns. While it may not carry the same weight as a conviction, the presence of any criminal charges can still create complications.
It can affect job prospects, housing applications, and even eligibility for certain licenses. The stigma of having an arrest record, even without a conviction, can follow you for years.
Steps to Get Your Record Expunged
To completely clear your record, you may need to go through the expungement process. This legal process allows you to remove dismissed charges from your criminal history, ensuring they no longer appear in public records.
All charges that were dismissed are eligible for expungement.
Consulting with a Criminal Defense Attorney
Navigating the expungement process can be complex, and it’s often best to consult with a criminal defense attorney. They can guide you through the necessary steps and help you file a petition for expungement.
At Scharff Law, we offer afree consultation, allowing you to understand your options without any initial financial commitment. We can help you understand the nuances of the law and increase your chances of successfully expunging your record.
Get in touch at (919) 457-1954 for your free consultation today!
The Importance of Clearing Your Record
Clearing your record through expungement can provide significant benefits. It can improve your chances with employers, landlords, and even in obtaining certain licenses.
A clean record can reduce the stigma associated with past charges and give you a fresh start.
Expungement means that the dismissed charges and the arrest record are no longer visible to most private and public entities, allowing you to move forward without the shadow of past accusations.
Moving Forward with Confidence
Facing criminal charges is stressful, but knowing your options can empower you to take control of your future. If your charges were dismissed, take the next step to determine if expungement is right for you.
Contact a qualified North Carolina attorney to discuss your case and begin the process of clearing your record. By taking action, you can move forward with confidence and peace of mind, knowing your past will not hinder your future.
Whether it’s for employment, housing, or personal peace, expungement can be a crucial step in reclaiming your life.
An Experienced Expungement Attorney Can Help
At Scharff Law, we understand how overwhelming the legal process can be, especially when it comes to clearing your criminal record.
Whether you live in Raleigh, Wake County, or anywhere else in North Carolina, we can help you navigate the complexities of expungement.
Personalized Legal Support
Our team is committed to providing you with personalized legal support tailored to your unique situation. We know that every case is different, and we take the time to understand the specifics of your case.
This allows us to develop a strategy that best suits your needs and maximizes your chances of a successful expungement.
Free Consultation and Criminal Record Review
We offer a free consultation to discuss your case and determine the best course of action. During this consultation, we will review yourcriminal recordat no cost to you. This is the first step in understanding what needs to be done to clear your record and move forward with your life.
Our goal is to make this process as straightforward and stress-free as possible for you.
Experienced Guidance Throughout the Process
Navigating the expungement process can be complex, but you don’t have to do it alone. We will guide you through each step, from filing the initial petition to representing you in court if necessary.
Our extensive experience with North Carolina’sexpungement laws ensures that you have the best possible chance of clearing your record.
Serving All of North Carolina
While we are based in Raleigh, our services extend throughout North Carolina. No matter where you are in the state, we are ready to help you with your expungement needs.
Our team has successfully assisted clients from various counties and understands the nuances of different local courts.
Moving Forward with Confidence
Clearing your criminal record can open up new opportunities and provide a sense of relief. With our help, you can move forward with confidence, knowing that your past will not hinder your future.
Whether you are looking to improve your employment prospects, secure housing, or simply achieve peace of mind, we are here to assist you every step of the way.
Contact Us Today
Don’t let past charges affect your future. Contact Scharff Law today for yourfree consultation and take the first step towards a clean slate.
Let us help you reclaim your life and move forward with confidence.
Let’s dive into a scenario you might be facing right now. You’ve been through the wringer, dealing with the stress and uncertainty of criminal charges. Finally, the charges are dismissed. You breathe a sigh of relief, but then a new worry creeps in: if charges are dismissed, do you have a criminal record in North Carolina?
It’s a common question and one that can have significant implications for your future.
When we think about criminal records, we often imagine the worst-case scenarios: job opportunities slipping away, housing applications being denied, and a general sense of being judged by society. So, it’s crucial to understand what happens when charges are dismissed.
Does the dismissal magically erase your record, or does it linger like a shadow?
In North Carolina, the dismissal of charges does not automatically clear your record. The charges remain visible in public records unless you take specific steps to have them expunged. This means that even though you weren’t convicted, the mere fact that you were charged can still show up in background checks.
It’s a frustrating and often confusing situation, but you’re not alone in this.
Understanding the nuances of your legal standing can empower you to make informed decisions about your next steps. Whether you’re looking to move on with your life, secure employment, or simply regain peace of mind, knowing how to handle a dismissed charge on your record is key.
Let’s explore what you need to do to ensure your record is as clean as your conscience.
How Do You Clear Your Arrest Records in North Carolina?
When you’re charged with a crime, even if those charges are dismissed, the arrest can still linger on your record. This can be frustrating and have a significant impact on your future, affecting everything from job prospects to personal peace of mind.
Let’s walk through the process of clearing your arrest records in North Carolina together.
What is Expungement? Understanding the Expungement Process
Expungement is a legal procedure that allows you to remove certain charges, arrests, or convictions from your criminal record. This process can be a game-changer, especially when you’re seeking employment or housing, as it prevents these records from appearing in a criminal background check.
In North Carolina, if charges are dismissed, you can file for expungement to ensure that these dismissed charges do not appear on a background check.
For many, the expungement process is a path to a fresh start, free from the shadow of past criminal charges.
Impact of Expungement
The successful expungement of your records can have a profound impact on your life.
Most employers conduct background checks during the hiring process, and having a clean record can significantly improve your job prospects. Employers that see arrests, charges, and convictions on your public record may not take your application as seriously.
Additionally, expungement can remove the stigma of having a criminal history, allowing you to move forward with confidence and peace of mind.
Eligibility for Expungement
Not everyone is eligible for expungement. State law outlines specific criteria that must be met. If you have been arrested and the charges were dismissed or you were found not guilty, you may be eligible to have your record expunged.
This also applies to certain offenses where you were convicted, or where you completed a deferred adjudication program. It’s essential to check if your specific situation meets the state laws and criteria for expungement.
Taking the Next Steps
Navigating the expungement process can be complex, but it is well worth the effort. If you’re unsure about your eligibility or how to proceed, seeking a free consultation with a criminal defense attorney can provide you with the guidance you need.
Remember, having your arrest record expunged is about more than just clearing your name; it’s about reclaiming your future and ensuring that dismissed charges do not continue to impact your life.
By understanding and engaging in this process, you take control of your future and ensure that your past does not define you. Whether it’s securing employment, accessing better opportunities, or simply finding peace of mind, expungement can be a powerful step forward. Let’s work together to clear your record and pave the way for a brighter future.
Because of the complexity of the laws surrounding a filing for expungement,contact us at Scharff Law to walk you through the process for a quick turnaround time. We want to be sure you avoid any pitfalls or mistakes that could cause your petition to be denied or sent back to you for correction.
With your permission, we will also run your criminal background and provide you with information about your expungement eligibility as part of a free consultation.
The Expungement Process in North Carolina
If you’ve ever faced criminal charges, even if the case was dismissed, the lingering presence of an arrest record can be a significant concern. In North Carolina, the expungement process offers a way to clear your name and remove these records from public access.
Let’s explore this process in detail, ensuring you understand each step and how it can impact your future.
Steps to Expungement
1. Gather Necessary Documents
The first step in the expungement process is to gather all relevant documents. This includes court records, arrest records, and any documentation that shows the outcome of your case.
These records will form the basis of your expungement petition.
2. File a Petition
Next, you’ll need to file a petition for expungement with the court that handled your case. This petition must include detailed information about your criminal history and the specific charges you wish to have expunged.
Working with an experienced criminal defense attorney can be beneficial here, as they can ensure your petition is thorough and correctly filed.
3. Background Investigation
Once your petition is filed, the court will conduct a background investigation. This investigation is to verify that you meet all eligibility criteria.
4. Court Hearing
If the background investigation supports your petition, the next step is a court hearing. During this hearing, a judge will review all the evidence and arguments. Sometimes the judge reviews this information in chambers, and an official hearing is not necessary.
The judge will make the final decision on whether to grant the expungement. This is a crucial step, as the judge’s decision will determine whether your criminal record is cleared.
5. Order of Expungement
If the judge grants your petition, an order of expungement will be issued. This order instructs all relevant agencies to remove the expunged records from their databases. This includes law enforcement agencies, court records, and any other public records.
Consulting an Attorney
Navigating the expungement process can be complex and daunting. Consulting with a criminal defense attorney can provide you with the guidance and support needed to increase your chances of a successful expungement.
Scharff Law offers free consultations, making it easier for you to understand your options and take the first step toward clearing your record.
Moving Forward
Understanding and engaging in the expungement process is essential for reclaiming your future. Whether you’re seeking employment, housing, or simply a sense of relief from your past, expungement can be a powerful tool.
By taking the necessary steps and working with knowledgeable professionals, you can ensure that your criminal record does not define your future. Let’s work together to navigate this process and open the door to new opportunities.
Get Started On Your Journey to a Clean Slate
At Scharff Law, we understand how acriminal record, even one with dismissed charges, can impact your life. You might feel overwhelmed by the legal process, but we’re here to help.
Our team is dedicated to guiding you through each step of the expungement process, ensuring you have the support and knowledge needed to move forward. That’s why we offer afree consultation.
During this free consult, we’ll also run your criminal background and provide you with information about your expungement eligibility.
Reviewing Your Case
We begin by thoroughly reviewing your case to determine your eligibility for expungement. This involves examining your arrest records, court documents, and the specifics of your criminal charges.
We believe in clear communication, so we’ll explain the requirements and procedures in plain language, making sure you understand what to expect.
Filing the Petition
Once we’ve established your eligibility, we help you gather all necessary documentation and file theexpungement petition with the court. This can be a daunting task, but with our assistance, you can feel confident that everything is being handled correctly.
We take pride in standing by your side, addressing any questions or concerns you have along the way.
Navigating the Court Process
The court process can be complex, with background investigations and hearings to navigate. Our team is here to represent you, presenting your case effectively to the judge and responding to any challenges from the prosecutor.
We aim to make this process as smooth as possible for you, leveraging our experience and knowledge to advocate on your behalf.
Reaping the Benefits of Expungement
Successfully obtaining an expungement can open doors that were previously closed. It can enhance your employment prospects, allowing you to present a clean record to potential employers.
It also removes the stigma of having a criminal background, giving you peace of mind and the freedom to move forward without past charges weighing you down.
Personalized Legal Support
We understand that every person’s situation is unique, and we tailor our approach to meet your specific needs. Our goal is to help you achieve the best possible outcome, providing the legal support and personal attention you deserve.
If you’re ready to start your journey toward a clean slate, we’re here to assist you every step of the way.
Contact Us for a Free Consultation
At Scharff Law, we offer free consultations to discuss your case and explore your options for expungement. We believe in empowering you with the information and resources you need to make informed decisions about your future.
Let’s work together to clear your record and help you move forward with confidence. Contact us today at Scharff Law to get started on this important journey.
Have you ever felt the rush of relief when you hear your case has been dismissed, only to later wonder if it still lingers on your record? We assume that a dismissed case simply disappears, but that’s not the reality. So let’s dive into the question, “When a case is dismissed, is it still on your record?”
Understanding how dismissed cases affect your record is crucial. It’s not just about what happens in the courtroom but also about how this information is stored and accessed later. You might find a case’s dismissal brings immediate relief, but understanding its long-term implications is key to moving forward with confidence.
Let’s break down this topic together. We’ll explore what steps you need to take to ensure your dismissed case doesn’t cast a shadow over your future opportunities.
When Criminal Charges Are Dismissed: How to Erase Your Criminal Record
Imagine sitting in a courtroom, heart pounding, waiting for the judge’s decision. When you finally hear the words “case dismissed,” a weight lifts off your shoulders.
But what does that truly mean for your future? Can potential employers, landlords, or even banks still see this part of your past?
Understanding the Impact of a Dismissed Charge
When the court dismisses your criminal charges, it’s a moment of relief. However, a dismissed charge doesn’t automatically disappear from your criminal record.
Potential employers, landlords, and others conducting background checks might still see it. This can affect your job prospects, housing applications, and other opportunities.
So, what can you do to ensure that a dismissed charge does not stay on your record?
Exploring Expungement
Expungement is the process of legally erasing your criminal record. When your criminal case is dismissed, you are eligible to file for expungement immediately.
This legal process ensures that your dismissed charge and arrest records are removed from public records, making them invisible during background checks. It’s like having your criminal public record sealed from prying eyes.
Eligibility for Expungement
In North Carolina, you can expunge all dismissed charges and not-guilty verdicts regardless of when they occurred. This includes felonies and misdemeanors that were dismissed or resulted in a not-guilty verdict. The state law has made it simpler in the past few years for individuals to clear their records, enhancing opportunities for employment, housing, and education.
How Does Expungement Erase My Criminal Charge(s)?
After expungement, it is not necessary to disclose expunged criminal records on employment, lease, or mortgage applications. You are not obligated to reveal your arrest record or dismissed crime charges. You can carry on as if the charges never occurred.
However, it’s important to note that an expungement may not fully prevent consequences from the charge, arrest, or conviction. For instance, an expunged case could still be considered in federal immigration decisions. (1) You can read more about the effects of expungement and who can access expunged records data in NC here and here.
If you’re ready to get started now, Scharff Law firm offers afree expungement consultation, during which we can give you an idea of your next steps.
Understanding Waiting Periods
If your case was dismissed or you were found not guilty, you do not have to wait before applying for expungement. However, if you have convictions that you wish to expunge, the waiting periods are different:
Single misdemeanor conviction: Five years from the date of conviction or completion of your sentence
Multiple misdemeanor convictions: Seven years from the date of your last conviction or completion of your sentence
Single nonviolent felony conviction: Ten years from the date of conviction or completion of your sentence (some exceptions).
Up to three nonviolent felonies: Twenty years from the date of your most recent conviction or completion of your sentence
Finding Your Way Through the Expungement Of Your Criminal Case
Understanding the Expungement Process
When it comes to expunging a dismissed charge, the process begins with obtaining a copy of your criminal record. This is a copy of your record for all criminal charges. You can request this from the clerk of court in the county where you were charged. This is a critical first step because it provides the foundation for your petition.
Once you have your record, the next step is to file a petition for expungement. This petition must include detailed information about your case and why you believe your record should be expunged.
It’s important to provide accurate and thorough information to avoid any delays or denials.
Filing the Petition
The next step is to complete an expungement petition form and submit it to the clerk of court. After submitting your petition, there is a waiting period during which the court will review your request.
They will confirm whether you meet the eligibility criteria for expungement.
The entire process can take several months, so patience is essential.
Attending a Hearing
In some cases, the court may schedule a hearing to review your petition. During this hearing, you will have the opportunity to present your case and answer any questions the judge may have. It’s crucial to be prepared and to understand the legal arguments that support your expungement request.
An attorney can provide invaluable assistance in this regard, ensuring that you present the strongest possible case.
Receiving the Court’s Decision
Once the court has reviewed your petition and any supporting documentation, it will issue a decision. If your petition is granted, your criminal record will be expunged, effectively removing the dismissed charge from public records.
This means that when you undergo a background check, the dismissed charge will no longer appear, giving you a fresh start.
Benefits of Expungement
Having your record expunged can significantly impact your life. It can open doors to employment, housing, and education opportunities that may have been previously closed to you. Additionally, it allows you to move forward without the stigma of a criminal record, providing you with a sense of closure and a clean slate.
Why Choose Scharff Law
At Scharff Law, we understand the importance of having a clean record. Our team is dedicated to guiding you through theexpungement process with care and precision.
We assist clients throughout North Carolina, providing support in clearing records no matter where you reside in the state. We know that each case is unique, and we tailor our approach to fit your specific needs.
Personalized Guidance Through the Expungement Process
Navigating the legal landscape can be overwhelming. That’s why we offer personalized guidance every step of the way.
From obtaining your criminal records to filing your petition, we ensure that you are well-informed and prepared. Our goal is to make the process as smooth and stress-free as possible for you.
Free Consultation and Record Ordering
We offer a free consultation to help you understand your eligibility and the steps involved in expunging your record.
We will review your criminal history in detail and provide accurate advice on your expungement options.
Maximizing Your Chances for Expungement
Our team works diligently to ensure that your petition for expungement has the best possible chance of success. We help you gather the necessary documentation, prepare affidavits, and navigate any legal hurdles that may arise.
Our thorough approach aims to prevent any delays or issues that could impact your petition.
The Benefits of a Clean Record
Having your record expunged can open many doors that were previously closed. It can improve your employment prospects, make housing applications easier, and allow you to pursue educational opportunities without the stigma of a criminal record.
Clearing your record can provide a fresh start and new opportunities for your future.
Contact Us Today
Take the first step towards a brighter future by scheduling yourFREE consultation with Scharff Law. Let us help you clear your name and move forward with confidence. Our dedicated team is here to support you every step of the way, ensuring that you have the best possible chance of having your record expunged.
Contact us today to learn more about how we can assist you.
Clearing your record can be a game-changer, opening doors to new job opportunities, housing options, and overall peace of mind. In North Carolina, expungement is a legal process that removes certain offenses from your criminal record, giving you a fresh start. But just how much does it cost to expunge your record?
This blog will break down the costs involved, from filing fees to court costs to attorney expenses, so you can make an informed decision about your future.
Whether you’re looking to erase a past mistake or help a loved one, understanding the financial aspects of expungement is the first step toward a brighter tomorrow.
Expungement Cost: Cleaning Your Criminal Record in North Carolina
Expunging your misdemeanor or felony convictions can be a crucial step toward a fresh start. Let’s break down the various expenses you might encounter along the way.
Filing Fees and Court Costs
The first expense to consider is the filing fee. In North Carolina, the cost of filing an expungement petition is typically $175.
However, some cases, such as expunging charges dismissed or resulting in a not-guilty verdict, do not require a filing fee. And if you are indigent, you can fill out an application to waive the fee.
Attorney Fees
Hiring a criminal defense lawyer to help with your expungement can significantly impact the overall cost. Many expungement attorneys charge a flat fee for their services, which can vary based on the complexity of your case and the attorney’s experience.
Attorney fees generally range from $500 to $2,500. While these fees might seem high, investing in a knowledgeable lawyer can increase your chances of a successful expungement.
Some attorneys even offer free initial consultations to discuss your eligibility and potential costs. This time with an attorney can help you see if expungement is worth pursuing in your case.
Additional Costs
Beyond the basic filing fees and attorney fees, there are other potential costs to be aware of. You might need to pay for certified copies of your criminal record, which are often required to complete your expungement petition.
These additional expenses can add up, so it’s essential to be prepared.
Variations by Jurisdiction
The costs associated with expunging your record can vary based on the county or jurisdiction where you file your petition. Different courts may have unique procedures or additional fees. It’s essential to research the specific requirements in your county and factor in any local variations that might affect the overall cost.
Working with an attorney who knows how to add up all the fees for your county can also help you know what to expect.
The Long Run Benefits
While the upfront costs of expungement can seem daunting, it’s important to consider the long-term benefits. Having your record expunged can open up new employment opportunities, improve your housing prospects, and provide peace of mind.
In many cases, the financial investment in expungement is outweighed by the potential for a better future.
Payment Options and Assistance
If you’re concerned about affording the costs associated with expungement, there are options available. Some non-profit organizations offer assistance or reduced-fee services for individuals seeking expungement.
Additionally, some courts may allow for payment plans or fee waivers based on your financial situation.
Getting Your Fresh Start
Understanding the costs of cleaning your criminal record in North Carolina is the first step toward a fresh start.
By considering filing fees, attorney fees, additional costs, and variations by jurisdiction, you can better prepare for the financial aspect of expungement.
Remember, the investment in clearing your record can lead to significant benefits in the long run.
If you have any questions or need further assistance, don’t hesitate to reach out to an expungement lawyer who can guide you through the process.
FAQ About Clearing Your Criminal Records In NC
If you’re thinking about clearing your criminal record in North Carolina, you likely have questions about the process. Let’s explore the most frequently asked questions to help you understand how expungement works and what it can mean for your future.
What is Expungement?
Expungement is the legal process of removing a conviction or charge from your criminal record. Once your record is expunged, the offense is treated as if it never occurred, giving you a fresh start.
Who is Eligible for Expungement in NC?
Determining who is eligible for expungement in North Carolina involves navigating various criteria established by state law. The process can be complex, but understanding the eligibility requirements is crucial if you are considering clearing your criminal record. Let’s explore the factors that affect eligibility in depth.
Types of Offenses Eligible for Expungement
Non-violent Misdemeanor Convictions: These include crimes such as petty theft or simple possession of marijuana, are often eligible for expungement. The law allows individuals who have maintained a clean record since their conviction to petition for expungement after a specific waiting period.
Non-violent Felony Convictions: Certain non-violent felonies can also be expunged. These might include offenses like drug possession or fraud. North Carolina law stipulates that to be eligible, you must have no subsequent felony convictions and must meet a designated waiting period.
Dismissed Charges or Not Guilty Verdicts: If you were arrested but not found guilty, or if the charges against you were dismissed, you are eligible for expungement. This includes cases where you were acquitted at trial. There is no waiting period for these types of cases; you can file for expungement immediately.
Juvenile Offenses: Juvenile records, especially those involving non-violent crimes, can often be expunged. The eligibility criteria here aim to provide a fresh start for young individuals who have made mistakes early in life.
First-time Offenders: First-time offenders who committed non-violent crimes may also qualify for expungement. This category includes various offenses and is designed to give individuals a second chance.
Waiting Periods
Misdemeanor Conviction(s): Typically, a waiting period of five years is required after completing your sentence, probation, and any court-ordered community service before you can petition for expungement.
Non-violent Felony Conviction(s): For non-violent felonies, the waiting period is generally ten years. This period starts after you have fully completed your sentence, probation, and any associated community service.
Dismissed Charges or Not Guilty Verdicts: There is no mandatory waiting period for dismissed charges or not guilty verdicts. You can seek expungement as soon as your case concludes.
Additional Criteria for Eligibility
Clean Record Since Conviction: To qualify for expungement, you must have maintained a clean record since the conviction in question. Any subsequent criminal offenses might disqualify you from being eligible.
Completion of Sentence and Probation: All parts of your sentence, including probation and community service, must be fully completed. If you have outstanding sentencing requirements, you are not eligible for expungement.
No Pending Charges: You must not have any pending criminal charges at the time you file your expungement petition. The court requires evidence that you have been law-abiding since your conviction during the waiting period.
Compliance with Financial Obligations: All restitution related to your conviction must be paid in full. Failure to meet these requirements can impact your eligibility.
Special Provisions and Exceptions
Age-based Provisions: Special provisions apply to individuals who were under the age of 18 or 21 at the time of their offense. These provisions recognize that younger individuals are more prone to mistakes and provide additional pathways for expungement.
Drug-related Offenses: Specific non-violent drug offenses may have tailored criteria for expungement. Participation in drug treatment programs or other rehabilitative measures can enhance eligibility.
What Are the Benefits of Expunging My Record?
Expunging your criminal record can open up new opportunities in many areas of your life. With a clean record, you may find it easier to secure employment, housing, and loans. It can also improve your personal relationships and give you peace of mind. Essentially, it allows you to move forward without the burden of past convictions.
How Long Does the Expungement Process Take?
The expungement process can take several months to complete. After filing your petition, it must be reviewed by various agencies, including the court and the North Carolina State Bureau of Investigation.
The length of time can vary depending on the complexity of your case and the court’s workload. Patience is key, but the end result is worth the wait.
Can All Charges Be Expunged?
While having multiple convictions can complicate the expungement process, North Carolina law allows for the expungement of multiple non-violent misdemeanor convictions under certain conditions.
Not all charges are eligible for expungement. Generally, non-violent offenses are more likely to be expunged. Certain serious felonies, violent crimes, and offenses requiring registration, such as sex offenses, are typically not eligible.
It’s important to discuss your specific case with a knowledgeable lawyer to understand what charges can be expunged.
Do I Need a Lawyer for Expungement?
While it’s possible to file for expungement on your own, hiring an experienced expungement lawyer can increase your chances of success.
A lawyer can help navigate the complex legal requirements, ensure all paperwork is correctly filed, and represent you in court if necessary. Investing in legal assistance can make the process smoother and more efficient.
What Happens After My Record Is Expunged?
Once your record is expunged, it is removed from public records, and you can legally state that you have not been convicted of the expunged offense.
This can be particularly beneficial when applying for jobs, housing, or loans. However, certain agencies, such as law enforcement and the court system, may still access expunged records under specific circumstances.
How Can I Start the Expungement Process?
To begin the expungement process, you’ll need to gather all relevant documents, including your criminal records and court documents. Consulting with an expungement lawyer can provide guidance on the necessary steps and paperwork.
Once you have everything in order, you can file your petition with the court and begin the journey to a clean slate.
Clearing your criminal record in North Carolina can be a life-changing experience. By understanding the process and costs involved, you can take confident steps toward a brighter future.
If you have more questions or need personalized advice, don’t hesitate to reach out to a qualified expungement lawyer. We’re here to help you every step of the way.
Scharff Law Helps You Get Started
At Scharff Law, we handle expungements across the state of North Carolina with a deep understanding of the process and dedication to helping our clients achieve a fresh start. Our experienced team guides you through every step, from determining your eligibility to filing the necessary paperwork and representing you in court.
We start with a free consultation and also pull your records as part of our process. We know how much it means to have your criminal record expunged and are committed to making the process as smooth and stress-free as possible.
We then discuss your unique situation, explain the potential costs, and outline the steps involved in clearing your record. Our goal is to provide you with the best possible chance of a successful expungement, helping you move forward with confidence. We also work to keep our flat fees as low as possible to make expungement accessible to everyone. Don’t let financial concerns stop you from contacting us for a free consultation.
Don’t let your past hold you back any longer. Contact Scharff Law today to schedule a consultation and take the first step toward a brighter future.
We’re here to help you reclaim your life and unlock new opportunities.
Are you carrying the weight of past mistakes? You might be seeking a fresh start through expungement in North Carolina. Recent changes to the state’s expungement laws have made more people eligible and simplified the process.
If you’re wondering if your crimes can be expunged or if you’re looking for a way to lighten your load, let’s explore the process together and find a brighter future with new opportunities.
What Is Expungement in North Carolina?
First off, expungement can clear your criminal record if you are eligible. When eligible, it’s like erasing past mistakes and starting fresh to write your future.
It’s possible to clear multiple misdemeanor convictions or a felony conviction or three!
Recent laws, including the Second Chance Act, expanded eligibility, allowing an expunged criminal record for more people, especially if they are non-violent misdemeanor convictions.
There are fewer restrictions on the number of expungements one can receive. With multiple charges, you could have one eligible charge while another is ineligible for expungement. The expungement of multiple nonviolent felony convictions is possible if the offense convictions occurred at the same session of court.
Who Is Eligible for Expungement?
Violent or sexual offenses and DWI/ DUIs are not eligible. However, many crimes are eligible due to new laws in NC.
First-Time Non-Violent Felony Convictions
If you have a non-violent felony conviction in North Carolina but have since changed your ways, you may have the opportunity to have it expunged. This means that if you made a mistake years ago and it resulted in a felony on your record, you might be able to have it removed, especially if it was your only offense and it wasn’t for a violent crime.
This is particularly important for young adults who have faced felony charges. The state recognizes that people can change and shouldn’t be defined forever by a single mistake.
Misdemeanor Conviction
Many misdemeanor convictions can be expunged. This is especially true for individuals who were under 18 or 21 at the time of conviction, depending on the nature of the offense.
Whether it was a small theft or a traffic violation, these criminal record misdemeanors can disappear, providing you with a clearer path forward.
Dismissals and Acquittals
If you were charged with a crime but the charges were later dismissed, or you received a not guilty verdict, you could have these arrest records completely wiped clean. It’s as if the charges were never brought against you in the first place.
This type of expunction acknowledges that if the criminal justice system didn’t find sufficient evidence to convict you, then these charges shouldn’t hang over your head.
Drug Convictions
Certain drug offenses, particularly possession-related ones, may be eligible for expungement from your record. This option is usually available for first-time offenders who have since stayed out of trouble.
It reflects the state’s acknowledgment that individuals can change and that past drug offenses shouldn’t always determine someone’s future.
Human Trafficking Victims
Victims of human trafficking have the right to request expungement of any convictions related to their victimization.
This legal provision serves as a crucial opportunity for those who were compelled into illegal actions, recognizing their status as victims and providing a path to regain their lives and civil rights.
Juvenile Records
For individuals who committed offenses as juveniles, North Carolina permits the court to expunge certain juvenile records.
This offers a second chance, acknowledging that the actions of our youth should not overly impact our adult lives, particularly when we have shown growth and change.
How Long is the Waiting Period For an Expungement?
The law requires a waiting period before you can apply to have your record cleared of convictions. Dismissals and not guilty cases are eligible for expungement immediately with no waiting period.
These times vary based on the crime. The wait time to file a petition for expungement was 15 years, but now, you can apply sooner.
For nonviolent misdemeanors, expungement is generally available five years after the conviction or when you finish any sentence, probation, or post-release supervision.
With more than one nonviolent misdemeanor, you can file an expungement petition seven years after your last conviction or seven years after you finish any sentence, probation, or post-release supervision.
Waiting periods may be shorter depending on the charge and your age at the time of conviction. If your conviction happened before December 2019 and you were 16 or 17 years old at the time, you can apply immediately.
Some offenses committed might require a waiting period after the completion of a sentence, or they may have different rules based on how the case concluded (dismissal, acquittal, etc.). It depends on different expungement statutes for different types of crimes.
How Does an Expungement Attorney Help?
Navigating the expungement process might seem complex, but getting the right legal help is crucial. A criminal defense lawyer can tell you if your offense is eligible for expungement and help you understand North Carolina’s expungement laws.
Consult a criminal defense lawyer for tailored advice and guidance if you need more information, such as:
Exact eligibility criteria
Required waiting periods
Technical steps to pursue expungement
Who Sees Criminal Records After Expungement in North Carolina?
Employers, educational institutions, and some government agencies will no longer see these past convictions on background checks. Companies that sell your background information to businesses can be liable for reporting an expunged conviction.
However, prosecutors will retain access to all criminal records.
Where Can I Read the North Carolina Statutes on Expungement?
If you have a misdemeanor conviction, a specific law, N.C.G.S. 15A-145(a), covers expunging these.
For those involved in gang-related offenses, there’s another law, N.C.G.S. 15A-145.1, just for those situations.
Now, onto drug offenses. If you got your drug charges dismissed because you completed a special program (conditional discharge), you’d look at N.C.G.S. 15A-145.2(a) if it’s under certain sections of the law (G.S. 90-96(a) or (a1)).
If your drug charges were just dismissed or you were found not guilty, check out N.C.G.S. 15A-145.2(b).
And if you were convicted for drug or drug paraphernalia offenses, you’d refer to N.C.G.S. 15A-145.2(c).
Toxic vapor offenses have their own set of rules. If those charges were dismissed after you completed a program, see N.C.G.S. 15A-145.3(a). If they were just dismissed or you were acquitted, then it’s N.C.G.S. 15A-145.3(b) you’re looking at. And for actual convictions of toxic vapors offenses, you’d go to N.C.G.S. 15A-145.3(c).
For young folks under 18 who messed up but it wasn’t violent, there’s a law, N.C.G.S. 15A-145.4, that helps clear nonviolent felony convictions. And for nonviolent felonies and misdemeanors in general, there are laws too, both listed under N.C.G.S. 15A-145.5.
Prostitution offenses have their own path to expungement with N.C.G.S. 15A-145.6.
And for any criminal charge or alcohol-related infraction that was dismissed but not through a special program (and this started effective December 1, 2014), you’d look at N.C.G.S. 15A-146(a) or 15A-146(a1).
If your charge was for identity theft but you were found not guilty or the charge was set aside by the court, there’s a law for that, N.C.G.S. 15A-147(a). And if your charges were dismissed because of mistaken identity or identity theft, there’s also a specific statute, N.C.G.S. 15A-147(a1).
For folks who had a conviction overturned on appeal or were granted a pardon of innocence, there’s N.C.G.S. 15A-148.
And if you were convicted but later received a pardon of innocence, the law you’d look at is N.C.G.S. 15A-149.
In simpler terms, North Carolina has laws designed to help people clear their records under various circumstances, whether it’s a one-time mistake in youth, a nonviolent felony, drug charges, or being wrongfully accused.
Each type of offense has its own set of rules to follow for getting that fresh start.
How Do I File An Expungement Petition?
Clearing a criminal record in North Carolina requires following a structured process requiring several steps:
1. Are You Eligible?
First, you should determine whether the crime you committed is eligible for expungement. Not all crimes can be expunged, as the eligibility criteria vary. In North Carolina, a range of offenses, from minor misdemeanors to specific felony convictions, are eligible, but not all criminal offenses qualify. Violent crimes and certain felonies, for example, are often not eligible for expungement.
If you find yourself feeling confused about your eligibility after reading the above sections, seek further guidance.Talk with us at Scharff Law for a FREE consultation about your eligibility to start the expungement process.
2. Affidavit and Background Check
In order to expunge most convictions, it’s important to sign an affidavit affirming your good moral character and lack of recent convictions. Additionally, don’t forget to authorize a background check and gather all necessary supporting documents. This process is key to ensuring a successful expungement, similar to preparing everything needed for a trip.
At Scharff Law, we provide you with this affidavit, answer any questions you have, and file it for you with the expungement petition.
3. Find Witnesses to File Affidavits
As part of the process, you need to find two people who are not related to you or to each other by blood or marriage. They will need to file affidavits stating that your character and reputation in your community are good.
4. File a Petition for a Motion
The next step is to file a petition in the county where the conviction occurred. This is like setting the starting point for your journey. You will need to make a statement to the Clerk of the Superior Court that you are filing in the case of your past conviction. Additionally, you will have to serve the petition on the district attorney.
After filing, the petition will go through the following steps:
A judge will review your request and send your petition to the State Bureau of Investigation for a background check.
The State Bureau of Investigation will send the entire application to the Administrative Office of the Courts (AOC). The AOC will then verify if you have had any prior convictions expunged.
Your petition returns to the local judge for a final ruling on your expungement request.
5. Pay Court Fees or File As An Indigent
Filing a petition comes with a fee, typically $175. However, the state waives this fee if you file as indigent.
6. Court Hearing
It’s important to note that depending on the type of expunction, you may be required to attend a court hearing. During this hearing, the court will assess your petition and determine whether your record can be expunged. Having an experienced expungement attorney by your side can make this process much easier for you!
7. Waiting for the Verdict
After reviewing your petition for expungement, the court may order the restoration of your status to before the arrest or indictment. However, the court may find you ineligible for an expungement. This is when having an experienced and knowledgeable expungement attorney becomes crucial in order to address these issues proactively.
Expungement cases are not simple, as they depend on precise matters of North Carolina law, which are constantly evolving.
If the court grants your expunction, they will issue an order to clear your record. The order is sent out to various law enforcement agencies and other relevant parties, instructing them to remove your record.
7. Finalizing the Expungement Order
After the court issues an expungement order, the clerk will send the order to various state and government agencies to expunge their records.
If you meet all the requirements for expungement, you can have your record expunged and move forward with your life.
What If I Already Received An Expungement?
If you received a nonviolent felony conviction expungement before December 1, 2021, you can obtain an expungement of up to two more felony convictions.
The law only applies if you committed the offenses:
Before your recent expungement and
Within the same 24-month period as the expunged felony
You can also receive expungement of previous nonviolent misdemeanors committed before December 2021.
Are There Attorneys That Charge a Flat Fee for Expungement?
Some expungement lawyers, like the Scharff Law Firm, provide flat-fee services, making it easier for you to budget for your expungement. With this fee structure, you will know the total cost upfront, helping you to avoid any surprises.
Scharff Law Offers a Free Expungement Consultation
At Scharff Law, we recognize that the expungement process can be challenging to navigate. With laws that can often feel as complex as a spider’s web, knowing where to begin, which steps to take, and how to achieve the best possible outcome can seem overwhelming. But that’s where we can make a difference.
We bring a wealth of experience, empathy, and a deep understanding of North Carolina’s expungement laws. We don’t just guide you through the process; we walk alongside you every step of the way.
From the initial assessment of your eligibility to the final submission of your petition, our goal is to simplify and clarify the path towards clearing your record.
Whether it’s a misdemeanor, a non-violent felony, or a dismissed charge, we’re prepared to evaluate your situation and customize our approach to your unique case. We consider your individual circumstances and pursue the path that offers the best chance of success.
Beyond providing legal assistance, we also offer support and understanding. We understand that behind every expungement case is a person seeking to move forward from past mistakes, looking for opportunities for employment, education, and a brighter future.
At Scharff Law, we’re committed to being your advocates and partners in obtaining your second chance.
So, if you’re feeling weighed down by a criminal record that no longer reflects who you are, we encourage you to reach out to us. Let’s work together to clear the path, opening doors to new possibilities and helping you step confidently into the next chapter of your life.
With Scharff Law, you’re not alone. Together, we can navigate the complexities of expungement and move closer to a future defined not by your past but by your potential.