Clearing your criminal record can feel like a second chance at life. Whether you’re looking to secure better job opportunities, access housing, or simply move forward without the weight of past mistakes holding you back, expungement offers a path to a fresh start.
You might wonder where to begin or how to navigate the legal process. The truth is, understanding the steps in North Carolina can make all the difference.
Let’s break it down together so you know what to expect and how to take action with confidence.
Understanding Expungement in North Carolina
What Is Expungement?
Expungement is a legal process that removes certain offenses from your criminal record, making them inaccessible to the public.
In North Carolina, this means eligible arrests, charges, or convictions can be erased, allowing you to move forward without past mistakes affecting your future.
Who Qualifies for Expungement?
Eligibility depends on several factors:
- Type of Offense: Non-violent misdemeanors and certain non-violent felonies may qualify. Violent crimes, serious felonies, and offenses requiring sex offender registration are generally ineligible.
- Outcome of the Case: Charges that were dismissed or resulted in a not guilty verdict are often eligible for expungement.
- Prior Convictions: Having multiple convictions can affect eligibility. North Carolina allows for the expunction of multiple dismissed charges and, under certain conditions, multiple non-violent misdemeanor convictions.
- Waiting Period: There are mandatory waiting periods before you can file for expungement, which vary based on the offense.
The Waiting Period and Its Importance
Waiting periods in North Carolina are as follows:
- Non-Violent Misdemeanor Convictions: Eligible for expungement after five years from the date of conviction or completion of any sentence, whichever is later.
- Non-Violent Felony Convictions: Eligible after ten years from the date of conviction or completion of any sentence, whichever is later.
- Dismissed Charges or Not Guilty Verdicts: No waiting period; you can file immediately after the case concludes.
It’s crucial to complete all court-ordered obligations, such as fines, restitution, and probation, before filing.
How To Begin the Expungement Process
Starting the process involves several steps:
- Obtain Necessary Forms: Access the appropriate petition forms for your specific situation. These forms are available through the North Carolina Judicial Branch website.
- Gather Supporting Documents: Collect certified copies of court dispositions, proof of completed sentences, and affidavits of good character.
- File the Petition: Submit your completed petition and supporting documents to the clerk of court in the county where the charge or conviction occurred.
- Pay Filing Fees: A filing fee of $175 is generally required, payable by certified check or money order. Some expunctions, such as those for dismissed charges or not guilty verdicts, may not require a fee.
The Role of the District Attorney and the Court
After filing:
- Review: The district attorney’s office reviews your petition and may object if there are concerns.
- Background Check: The State Bureau of Investigation conducts a criminal background check to verify your eligibility. Some attorneys will pull this record for free at your initial consultation.
- Hearing: A judge evaluates the petition, any objections, and may hold a hearing before making a decision.
Documents You’ll Need
Ensure you have:
- Certified Court Documents: Including the final disposition of your case.
- Proof of Compliance: Evidence that all court-ordered obligations are fulfilled.
- Affidavits of Good Character: Statements from non-relatives attesting to your character.
Why an Expungement Order Matters
An expungement order legally removes the specified offenses from your public record. This allows you to move forward with:
- Employment: Apply for jobs without disclosing the expunged offense.
- Housing: Secure housing without the burden of a criminal record.
- Education: Pursue educational opportunities without past convictions affecting admissions.
Limits of Expungement in North Carolina
Be aware:
- Ineligible Offenses: Violent crimes and traffic violations like DWI are generally not eligible.
- Frequency: While multiple dismissals can be expunged, there are limits on the number of convictions that can be expunged.
- Access by Law Enforcement: Expunged records may still be accessible to law enforcement and judicial officials.
Understanding the Role of Investigations Into Your Criminal History
The State Bureau of Investigation conducts a background check to confirm your eligibility. This ensures all information is accurate and that you meet the legal requirements for expungement.
Filing the Petition to Expunge Criminal Record
When ready:
- Complete Court Forms Accurately: Ensure all information is correct to avoid delays.
- Submit to Appropriate County: File to request expungement in the county where the offense occurred.
- Include All Required Documents: Missing information can result in denial or delays.
Next Steps After Approval
If granted:
- Record Update: The court orders the removal of the offense from public records.
- Notification: Relevant agencies are notified to update their records.
- Personal Records: Obtain a copy of the expungement order for your records.
Conclusion
Expunging your criminal record in North Carolina is a detailed process but can provide significant benefits.
By understanding eligibility, waiting periods, and the necessary steps, you can navigate the process more effectively and work towards a fresh start.
Scharff Law Helps Make Expungement Easy
At Scharff Law, we understand that facing a criminal record can feel overwhelming. Whether you’re looking to clear dismissed charges, old convictions, or mistakes from your past, we’re here to help guide you every step of the way.
Why Choose Scharff Law for Your Expungement?
We know how important it is for you to regain control over your future. Our team focuses on understanding your unique situation and ensuring the expungement process is as smooth as possible.
Here’s what sets us apart:
- In-Depth Eligibility Assessment: We help you understand if your offense qualifies for expungement based on North Carolina’s updated laws.
- Complimentary Criminal Record: We pull your criminal record as part of your initial free consultation.
- Clear Guidance on Waiting Periods: Whether it’s five years for a nonviolent misdemeanor or ten years for a nonviolent felony, we break down the timeline for you.
- Seamless Filing Process: From completing affidavits to submitting petitions, we ensure your application is accurate and filed correctly.
What To Expect During the Expungement Process
We begin by reviewing your criminal history to determine your eligibility. If you qualify, we gather all necessary documentation and court records to prepare your petition.
Once your petition is filed, we keep you informed about the next steps, including any possible hearings. Our goal is to help you secure the expungement order you need to clear your public record.
The Benefits of Clearing Your Record
An expunged record can open doors you thought were closed. After completing the process, you may have:
- Improved access to job opportunities.
- A better chance at securing housing or loans.
- The peace of mind knowing your past is no longer a barrier.
Start Your Expungement Journey Today
At Scharff Law, we’re ready to help you take the first step toward a brighter future. With recent changes to North Carolina’s expungement laws, there’s never been a better time to clear your criminal record.
Call us today for a free consultation and copy of your criminal record at (919) 457-1954.
Let’s work together to make expungement easy for you.
