You might think a misdemeanor is just a minor issue, but it can have lasting effects on your life. Whether misdemeanors go away depends on the laws in your state, the type of offense, and whether you take action to clear your record.
Some misdemeanors stay on your record permanently, while others can be removed through expungement or record sealing. Employers, landlords, and even lenders can see these charges, making it harder to move forward.
Understanding your options helps you take control of your future. If you’re wondering whether your misdemeanor will go away, let’s look at what affects your record and how you might clear it.
Criminal Record? How to Erase a Misdemeanor Conviction in North Carolina
Understanding Misdemeanor Expungement in North Carolina
If you have a misdemeanor conviction, you may wonder if it will ever go away. In North Carolina, criminal records expunged through the expungement process can provide a fresh start.
However, not all convictions qualify, and the process can be complex.
A misdemeanor charge can affect your employment opportunities, professional licenses, and even housing applications.
Potential employers, landlords, and government agencies conduct background checks, which means a misdemeanor crime may come up even years after the conviction date.
If you meet the eligibility criteria, you can petition to have your criminal history information cleared.
How Long Does a Misdemeanor Stay on Your Record?
In most cases, a misdemeanor offense stays on your record permanently unless it is expunged.
Unlike certain states that automatically remove criminal convictions after a set period, North Carolina requires you to go through the expungement process.
- If you were convicted, your misdemeanor record remains unless you qualify for misdemeanor expungement.
- If the criminal charges were dismissed or you were found not guilty, you may petition for criminal records to be expunged immediately.
- Certain misdemeanor convictions have a waiting period before expungement eligibility, varying depending on the number of offenses.
Eligibility Criteria for Expungement
Not every misdemeanor conviction qualifies for expungement.
North Carolina law outlines specific eligibility criteria based on the nature of the misdemeanor crime, conviction date, and other penalties.
You May Qualify for Expungement If:
- Your misdemeanor conviction was for a non-violent offense such as petty theft or low-level drug possession.
- You have completed all sentencing requirements, including probation, community service, restitution and fines.
- You have no pending charges or criminal cases at the time of your expungement request.
- You have waited the required number of years based on North Carolina’s waiting period laws.
You Are Not Eligible If:
- You were convicted of a felony (unless you can also expunge the felony simultaneously).
- Your conviction involved domestic violence, sex crimes, or offenses against children.
- Your criminal history includes serious offenses deemed a risk to public safety.
- Your conviction was not outside of the 5 or 7-year waiting period.
The Expungement Process in North Carolina
The expungement process for convictions is not automatic. You must follow legal procedures, file paperwork, and, in some cases, attend a court hearing. Working with experienced attorneys can help streamline the process.
Step 1: Determine Eligibility
Before filing an expungement request, confirm that you meet the eligibility criteria for misdemeanor expungement. North Carolina has different laws depending on the type of misdemeanor offense and the waiting period required.
Step 2: Obtain Your Criminal History
You will need a copy of your criminal history information from the Clerk of Court in the county where you were convicted. This report will list any criminal convictions, misdemeanor charge, and whether you have pending charges.
Don’t let a past mistake define your future. Take the first step toward a fresh start today. Contact Scharff Law for a free consultation AND criminal record at (919) 457-1954.
Let’s work together to clear your record and open new doors to opportunity.
Step 3: File a Petition for Expungement
To request your misdemeanor record be expunged, you must file a petition in the same county where the conviction occurred. Each county may have slight variations in the process, but most require:
- A completed expungement request form.
- A filing fee (or a request for a fee waiver if eligible).
- Affidavits of good character from individuals who know you.
- Proof that you have completed all sentence requirements.
Step 4: Wait for Review and Possible Hearing
The court may require a waiting period before reviewing your case. In most cases, you do not need to appear in court, but rare cases involving contested petitions may require a hearing.
Law enforcement agencies, government agencies, and the District Attorney’s office may review your request. If they object, you may need legal representation to argue your case before a judge.
Step 5: Judge’s Decision and Record Update
If the judge grants your petition, your criminal record will be expunged from official public court records. However, some law enforcement agencies and certain government agencies may still have access for specific purposes.
How Long Does a Misdemeanor Expungement Take?
Once you file the expungement request, the time it takes to have a misdemeanor conviction expunged varies depending on several factors, including:
- The county where you file your petition.
- The backlog of criminal cases in the court system.
- Whether there are any objections to your expungement request.
Benefits of Expungement
Having your criminal records expunged can significantly improve your job prospects, housing options, and employment opportunities. Some of the key benefits include:
- Improved Employment Prospects – Many employers reject applicants with a criminal background check that shows a misdemeanor crime. Expungement allows you to legally answer “no” when asked if you have a criminal history on job applications.
- Better Housing Options – Landlords frequently conduct background checks before renting to tenants. Expungement increases your chances of being approved.
- Restored Rights and Professional Licenses – Some professional licenses require a clean criminal record. Getting your misdemeanor record cleared may open doors to new career paths.
When to Contact an Attorney
While it is possible to file an expungement request on your own, working with an attorney increases the likelihood of success. A criminal defense lawyer can:
- Ensure all paperwork is filed correctly.
- Represent you if a hearing is required.
- Address any objections from the court or law enforcement agencies.
Many experienced attorneys offer a free consultation to review your case and determine if you qualify.
Final Thoughts
If a misdemeanor charge is making it harder for you to find employment, rent an apartment, or move forward in life, an expungement may be the right step.
The maximum penalty for some misdemeanors includes jail time, fines, or community service, but once you have served your sentence, you deserve a second chance.
The expungement process in North Carolina takes effort, but for those who qualify, it can mean a brighter future.
If you’re unsure whether you can get your criminal records expunged, consider reaching out to an attorney who can guide you through the legal process.
Meeting the Waiting Period Requirement for Expungement in North Carolina
Understanding the Waiting Period
North Carolina law requires you to wait a certain amount of time before filing an expungement request for a misdemeanor conviction.
The waiting period depends on the type of criminal offense, the outcome of your criminal case, and whether you have additional criminal convictions on your record.
- If your misdemeanor charge was dismissed or resulted in a not guilty verdict, you can request to have your criminal records expunged immediately.
- If you were convicted of a misdemeanor offense, you must wait a set number of years before petitioning for misdemeanor expungement, typically 5 or 7 years from the time you completed your sentence.
- Certain convictions, such as those involving domestic violence or sex crimes, are not eligible under any circumstances.
How Long Does a Misdemeanor Stay on Your Record?
In most cases, a misdemeanor crime stays on your criminal record permanently unless you go through the expungement process.
The waiting period for misdemeanor expungement depends on several factors:
- First-time, nonviolent misdemeanors – You must wait five years from the end of your sentence to petition for criminal records expunged.
- Multiple misdemeanor convictions – If you have more than one misdemeanor conviction, the waiting period is seven years before you can file an expungement request.
- Misdemeanor drug or alcohol offenses committed under age 22 – The waiting period is one year from the completion of your probation or sentence.
- Dismissed charges or not guilty verdicts – No waiting period applies, and you can immediately seek expungement.
What Happens During the Waiting Period?
During the waiting period, your criminal record remains visible in background checks by government agencies, employers, and landlords.
- If you are applying for jobs, housing, or professional licenses, your misdemeanor conviction may still affect your life.
- Avoiding new criminal charges is crucial since pending charges can prevent you from qualifying for expungement.
If you are unsure about your eligibility criteria, speaking with experienced attorneys can help you navigate the law and prepare your expungement request as soon as you qualify.
The court will deny your petition if you file before the waiting period ends, so it’s important to confirm your timeline before taking legal action.
Find Experienced Help for Expungement in North Carolina
At Scharff Law, we understand that a criminal record can cast a long shadow over your life. It can hinder job prospects, housing opportunities, and even personal relationships.
But there’s hope. Recent changes in North Carolina’s expungement laws have opened new pathways to clear your record and reclaim your future.
The Expungement Process with Scharff Law
Navigating the expungement process involves several steps:
- FREE Consultation: Discuss your case with an experienced attorney to determine eligibility and gather necessary documentation.
- Petition Filing: Prepare and file a petition for expungement in the court where the conviction occurred, including all required affidavits and evidence.
- Review Period: The court, along with relevant agencies, reviews your petition. This phase may involve background checks and can take several months.
- Court Decision: If approved, the court issues an order to expunge your record, effectively removing the specified charges or convictions from public access.
Why Choose Scharff Law?
At Scharff Law, we have a proven track record of guiding clients through the complexities of the expungement process. We are dedicated to:
- Personalized Service: We understand that every case is unique. We provide tailored legal strategies to meet your specific needs.
- Expert Guidance: With extensive knowledge of North Carolina’s expungement laws, we navigate the legal system efficiently on your behalf.
- Compassionate Support: We recognize the emotional toll a criminal record can take and are committed to supporting you every step of the way.
Don’t let a past mistake define your future. Take the first step toward a fresh start today. Contact Scharff Law for a free consultation at (919) 457-1954. Let’s work together to clear your record and open new doors to opportunity.
