How Long For Your Record to Clear After Expungement?
If you’re wondering, “How long does it take for your record to clear after expungement?” we have answers for you. Whether you’re just beginning the expungement (expunction) journey or have already been through it, you may wonder how long it takes to find the place where there are no criminal records left for others to find.
The first step is understanding that the process varies depending on your specific situation — the type of conviction or charge, your age at the time, and other factors all play a part. Once the courts grant your expungement, there is a process for erasing records from different types of sources.
Let’s break down what this all means for you, starting with the expungement process for those who haven’t yet gone through it.
Are You Considering Expungement?
Your journey to expunction depends on the laws of North Carolina. Only specific situations and conditions allow for expunction. If your case doesn’t meet these, the path might not be available. But don’t lose hope!
Thanks to recent changes in the law, there are more opportunities than ever for expunction.
The Time Factor: How Long Do You Need to Wait?
Timing is everything. Some types of expunctions allow you to petition almost immediately after your case concludes, especially if the charges were dismissed or you were found not guilty.. Others require a waiting period, which can vary based on the type of offense and the outcome of your case.
This waiting period is a crucial detail in your expunction journey. Getting your documents in order is also part of the process. Each type of expunction requires different paperwork. This may include court records, character references, and more.
Knowing where to file your expunction petition is another crucial step. You’ll need to submit your petition to the clerk of court in the county where the charge or conviction occurred.
Some expungements might require a court hearing where you must demonstrate good character, while others require the court to merely review your record. This part of the journey can seem complex, but with the proper legal guidance, you can navigate it with confidence.
The expunction process is not a quick sprint; it’s more like a marathon. It can take several months and sometimes even up to a year, depending on factors like criminal record checks and court schedules.
Expungement typically spans six months to a year. While we at the Scharff Law Firm can file expungements very quickly on behalf of clients, due to the high volume of work in systems and administrative offices handling background checks, delays are common.
Starting early and consulting with your attorney about the optimal time to apply is advisable. The involvement of numerous people and systems requires patience.
However, the benefit of a clean record justifies the wait.
Overview of Expunction Eligibility in North Carolina
In North Carolina, the eligibility for expunction of criminal records is governed by a set of specific statutes, each designed to address different types of offenses and circumstances. (1) (2)
Knowing if you’re eligible is crucial. The laws in North Carolina are specific, and not all cases qualify for expunction.
Talking with an experienced expungement attorney can help you immediately understand where you stand when it comes to the expungement of your criminal history.
Here’s a detailed explanation of expungement statutes to help you understand your eligibility for expunction:
Misdemeanors
First-Time Misdemeanors: Misdemeanors committed under the age of 18/21 (for alcohol-related offenses) are often eligible.
Non-Violent Misdemeanors: Specific non-violent misdemeanors can be expunged under certain conditions.
Felonies
First-Time Nonviolent Felonies: Eligible for expungement after fulfilling criteria like a waiting period, with no other convictions.
Juvenile Felonies: Some juvenile felony records can be expunged.
Drug Offenses
First-Time Drug Offenses: Particularly for possession, eligible if the offender was underage.
Drug Paraphernalia
Dismissal/Acquittal: Always eligible for expungement.
False Arrest: Records from false arrests can be expunged.
Other
Identity Theft: Crimes committed under your name by someone else may be expunged.
Pardoned Offenses: Certain pardoned offenses are eligible.
Limitations
Waiting Periods: Vary based on the crime. The wait time to apply for expungement was 15 years, but you can apply sooner to clear your mistakes because of changes in North Carolina law. For a nonviolent misdemeanor, 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 apply for expungement 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 was before December 2019 and you were 16 or 17 years old at the time, you can apply immediately.
Expungement Limits: 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.
Specific Exclusions: Violent or sexual offenses and DWI/ DUIs are not eligible.
Each of these expungements has its own eligibility requirements, and the specifics can be intricate.
For example, some 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.).
Consulting an Attorney for Personalized Advice
A North Carolina legal expungement services professional can help you find everything you need to confidently move forward.
Given the complexity and variety of these statutes, consulting with an experienced local expungement attorney is highly recommended. An attorney can provide personalized advice based on your unique circumstances, ensuring you pursue the most appropriate expunction path.
For more detailed information on each statute, including eligibility requirements and procedural guidance, you can visit the University of North Carolina School of Government’s resource page on (Relief from a Criminal Conviction)
Understanding the Expunction Process: Step-by-Step Guide
After determining your eligibility for expunction based on the specific North Carolina statutes, the next step is understanding and navigating the expunction process.
This section provides a detailed step-by-step guide to help you through each stage of the process.
1: Gathering Documentation
- Identify Required Documents: Depending on the statute under which you are filing, you will need to gather various documents. This can include court records, affidavits of good character, and proof of completion of any required program or probation.
- Obtain Criminal Record: You’ll need a copy of your criminal record as part of your expunction petition. This record can be obtained from the North Carolina court system or the police department.
2: Completing the Petition
- Find the Right Forms: Each type of expunction has specific forms that must be completed. These forms are available online through the North Carolina Courts website or can be provided by an attorney.
- Fill Out the Petition Accurately: Complete the petition forms with accurate and up-to-date information. Any errors or omissions can delay the process.
3: Filing the Petition
- Where to File: Submit your expunction petition to the clerk of court in the county where the charge or conviction occurred.
- Pay the Filing Fee: Most expunction types require a filing fee (generally around $175). Some statutes, like those for dismissed charges, may not require a fee. If you cannot afford the fee, you can request to file without paying by using a specific form.
4: The Court’s Review
- Waiting for a Decision: The court will review your petition once filed. This process can take several months, as it may involve criminal record checks and scheduling a hearing.
- Possible Court Hearing: Depending on the expunction type, you might need to attend a court hearing. During this hearing, the judge may assess factors like your character and the circumstances surrounding your offense.
5: After the Court’s Decision
- Notification of Decision: You will be notified of the court’s decision regarding your expunction petition. If granted, the court will order the expungement of your records.
- Follow-up with State Agencies: Ensure that relevant state agencies, such as the police department and court system, have updated their records to reflect your expungement.
6: Addressing Private Records
- Inform Private Agencies: If your expunged offense still appears in private background checks, you may need to contact these agencies directly with a copy of your expungement order to update their records.
Seeking Legal Assistance to Expunge Your Criminal History
Given the complexities and variances in the expunction process, seeking legal assistance is highly recommended.
An attorney can help ensure that your petition is complete and accurate, represent you in court if necessary, and provide guidance on handling private and public records post-expungement.
Criminal Record Expungement Steps Are Complex
The expunction process in North Carolina involves several detailed steps, from preparing your petition to following up after the court’s decision. Understanding new law and meticulously following these steps can significantly increase the chances of a successful expungement of your record.
For more resources and information about the expunction process, including instruction sheets and petition forms for each type of expunction, visit the University of North Carolina School of Government’s resource page on (Relief from a Criminal Conviction)
What Does Expungement Mean for Your Future Record?
With your expungement granted, your criminal records don’t just vanish instantly in every database. It’s essential to understand what happens next and how long it takes for various systems to reflect this change.
Essentially, the legal record of your criminal history is erased in the eyes of the law – it’s like it never happened. But, there’s a process for this change to be updated across different platforms.
Immediate Impact on State Criminal Record
In the state system, your expunged conviction or offense is removed relatively quickly. The courts and related state agencies work to delete your record from their files, both paper and electronic. This means that for most legal and official purposes, your record will show as clear.
Dealing with Private Databases and Your Criminal Record
Here’s where patience comes in. Private databases – like those used by employers for background checks – might not update as swiftly. These entities often rely on periodic updates to their expunged records, and they may not have real-time access to changes in the state’s legal databases.
If you find that your expunged record still appears in these checks, you’ll need to contact them directly with proof of your expungement.
Timeframe for Records to Clear Criminal Records
The timeframe for your record to clear a criminal arrest and expunge convictions can vary in different systems. In the state system, it might be a matter of weeks or months.
For private databases, it could take longer, depending on when they update their records. Being proactive and checking in with these entities can help expedite the process.
Keeping Proof of the Expungement Process of Your Criminal Record
It’s a good idea to keep a copy of your expungement order. The court destroys the conviction and arrest records post-expungement. However, having your own copy is crucial for situations where you need to prove that the conviction and arrest record expungement was granted, especially in dealing with private criminal databases.
After Criminal Record Expungement
Now that you’ve achieved criminal record expungement, it’s about navigating your life with a clean slate. Whether it’s applying for jobs, seeking educational opportunities, or just living without the burden of a past conviction, you’re now set on a path with fewer obstacles.
The criminal convictions journey doesn’t end with the expungement order. Expunged convictions may still show up on a private criminal background check.
It’s about understanding and navigating the post-expungement landscape. While the legal part of your journey is over, ensuring that your record is clear in all aspects of life is the final step to truly starting afresh. Remember, this new chapter is yours to write, free from the constraints of your past.
Need More Answers or Help With the Expungement Process?
At Scharff Law, we understand that the expungement process can be complex and often overwhelming. Our team is committed to providing personalized guidance and support every step of the way. We decipher the intricate legal requirements of North Carolina’s expunction statutes and make the process as clear and straightforward as possible for you.
With our experience, we can evaluate your unique situation, help you gather the necessary documentation, and represent you effectively in any court proceedings. Our goal is to ensure that you benefit fully from the opportunity to start anew with a clear record and the freedom it brings.
Let Scharff Law be your trusted partner in turning the page on your past and opening new doors for your future. Get in touch today and find out how we can help!