Does a Misdemeanor Go on Your Record in NC?
When you’re dealing with a misdemeanor charge in North Carolina, it’s natural to wonder how it might affect your record. You might be worried about future job opportunities, housing applications, or even a simple background check. What you really want to know is, “Does a misdemeanor go on your record in North Carolina?”
We understand that navigating the legal landscape can feel overwhelming, especially when you’re unsure what to expect. Let’s break down what happens with a misdemeanor charge in North Carolina, so you can move forward with clarity and confidence.
What are Misdemeanor Offenses in North Carolina?
Understanding the types of misdemeanor offenses in North Carolina is crucial if you or someone you know is facing a misdemeanor charge. Misdemeanors are less severe than felonies, but they can still have significant impacts on your life and your criminal record.
Types of Misdemeanor Offenses
Misdemeanor offenses in North Carolina cover a wide range of activities. Common examples include simple assault, disorderly conduct, and drunk driving.
These offenses can lead to a misdemeanor conviction, which will appear on your criminal record. Depending on the offense, you might face penalties such as probation, community service, or even short jail time.
Impact on Your Criminal Record
A misdemeanor conviction does stay on your record and can show up on background checks performed by potential employers, landlords, and even some volunteer organizations.
This means that even a minor offense can affect job applications, housing opportunities, and more. It’s important to know that having a misdemeanor on your record can influence how others perceive your criminal history and character.
The Legal Process and Misdemeanor Charges
When you are charged with a misdemeanor, the legal process begins at the county level. Your case will be handled in county courts, and a district attorney will prosecute the case.
Depending on the circumstances, your criminal defense attorney might negotiate a plea deal, aim for dismissal, or take your case to trial.
Each misdemeanor case is unique, and the outcome can vary depending on several factors, including the nature of the offense and your criminal past.
Does a Criminal Record Last Forever?
Expungement and Clearing Your Record
In some cases, you might be eligible to have your misdemeanor conviction expunged. The expungement process involves submitting an expungement request to the court, and if granted, the conviction will be removed from your public record.
This can be particularly important for improving employment opportunities and moving forward with a clean record.
However, the eligibility for expungement depends on the type of misdemeanor and the amount of time that has passed since the conviction.
Navigating Misdemeanor Offenses with Legal Help
If you are facing misdemeanor charges, it’s crucial to seek the assistance of a knowledgeable criminal defense lawyer. A good attorney can help you understand your rights, navigate the legal process, and work towards the best possible outcome for your case.
Whether it’s negotiating with the district attorney, representing you in court, or helping with an expungement request, having legal support can make a significant difference in how your misdemeanor case is resolved.
Understanding how misdemeanor offenses can affect your criminal record and your future is key to making informed decisions. Whether you’re facing charges or simply want to know more about the legal process, being informed helps you take control of your situation and plan your next steps effectively.
How to Erase Criminal Records? The Expungement Process
Gather Your Documents
Once you determine your eligibility, the next step is to gather all necessary documents. This includes obtaining a copy of your criminal record, which is essential as it details the convictions you wish to expunge.
You’ll also need to fill out an expungement petition form, which is available through the North Carolina court system.
Additional documents such as character affidavits are also required. These documents underline your standing in the community and confirm that you meet all legal conditions for expungement.
File an Expungement Petition
Filing your petition is where you officially request the expungement of your record. This step involves submitting your completed petition and any additional documents to the clerk of the superior court in the county where the charge or conviction occurred.
There’s typically a filing fee involved, though it may be waived under certain conditions. It’s crucial to ensure that all paperwork is correctly filled out and submitted to avoid delays or denials.
If you’re ready to take the first step towards expunging your criminal record, contact Scharff Law today for a free consultation. We’ll review your situation, pull your criminal record as part of your consultation, and help you understand your options for moving forward.
After You File
After you file the petition, the expunction process involves a review by the court and possibly a hearing.
In some cases, the district attorney will have a chance to review and respond to your petition. If your petition is successful, the court will issue an order to expunge your record, which is then processed through various state and federal agencies to remove your conviction from public access and seal it from most background checks.
However, it’s important to note that expunged records may still be accessible to certain government agencies under specific conditions.
North Carolina Expungement Process
Expungement procedures can vary slightly by county, so it’s essential to understand the local rules of the county where the conviction or charge occurred.
Due to the complexities of the expungement laws and the precision required in the paperwork, many choose to work with an expungement lawyer. A lawyer can help navigate the legal nuances, ensure timely filing, and increase the likelihood of a successful expungement.
The journey to expunging your record in North Carolina can significantly impact your future, opening doors that might have been closed due to past mistakes. While the process may seem daunting, taking it step by step can lead to a cleaner slate and a better path forward.
How Do I Know If I’m Eligible for Expungement in North Carolina?
In North Carolina, N.C.G.S. 15A-145 to 15A-149 contains the statutes outlining who may successfully apply for expunction of their criminal records.
The following categories of criminal offenses are generally expugnable:
- Misdemeanor Convictions (15A-145(a)): First-time misdemeanor offenders. Usually, you must have no prior felony convictions.
- Gang Offenses (15A-145.1): First time offenders under 18 at the time of conviction for specific gang-related offenses.
- Drug Offenses (15A-145.2):
- Conditional Discharge (15A-145.2(a)): Conditional discharge for drug offenses under G.S. 90-96(a) or (a1)
- Dismissal/Acquittal (15A-145.2(b)): Dismissed drug offenses or drug offenses that resulted in an acquittal.
- Drug Convictions (15A-145.2(c)): Convictions specifically related to drug or drug paraphernalia offenses for certain youthful offenders.
- Toxic Vapors Offenses (15A-145.3):
- Conditional Discharge (15A-145.3(a)): Similar to certain drug offenses, expunction is available for toxic vapors offenses dismissed after a conditional discharge.
- Dismissal/Acquittal (15A-145.3(b)): for dismissed or acquitted toxic vapors or drug paraphernalia offenses.
- Toxic Vapors Convictions (15A-145.3(c)): Convictions for toxic vapors offenses for certain youthful offenders.
- Nonviolent Felonies (15A-145.4 and 15A-145.5):
- Under Age 18 (15A-145.4): Nonviolent felonies committed by individuals under 18 at the time of the offense.
- General Nonviolent Felonies (15A-145.5): Nonviolent felonies and misdemeanors not covered by other specific provisions.
- Prostitution Offenses (15A-145.6): Individuals with certain prostitution-related offenses, particularly if the offense was a result of being trafficked.
- General Dismissals and Acquittals (15A-146): Dismissed or “not guilty” verdict criminal charges, including alcohol infractions before December 1, 1999.
- Identity Theft (15A-147): Charges dismissed due to identity theft or mistaken identity.
- DNA Records (15A-148): If a conviction is reversed on appeal or if a pardon of innocence is granted, DNA records related to the case can be expunged.
State statutes provide guidelines for individuals who want to clear their records in different situations, such as drug-related offenses or cases of mistaken identity. Each statute outlines the conditions for expungement.
Expungement (or expunction) laws in North Carolina are designed to give people a second chance by removing certain eligible offenses from their public records.
Find Help to Expunge Your Criminal Offense Record
At Scharff Law, we understand the impact a criminal record can have on your life.
Whether you’re looking to improve your employment opportunities or simply move on from your past, expungement can be a powerful tool.
Understanding the Expungement Process
Expunging your criminal record involves several legal steps, including filing affidavits and petitions. Our experienced attorneys guide you through each stage, ensuring your application is complete and accurate.
Eligibility and Timeline
Eligibility for expungement varies based on the nature of your misdemeanor offense and the time elapsed since your conviction. We can help you determine if you qualify and explain the waiting periods involved.
Why Choose Scharff Law?
With our extensive knowledge of North Carolina’s expungement laws, we provide personalized support tailored to your case. We help you achieve a clean slate and a brighter future.
Contact Us for a Free Consultation
If you’re ready to take the first step towards expunging your criminal record, contact Scharff Law today for a free consultation. We’ll review your situation and help you understand your options for moving forward.