How Much Does It Cost to Expunge Your Record?
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.