North Carolina Expungement

 

If you are arrested, but not convicted of a crime, details of the event still remain on your criminal record. Additionally, if you are convicted of a crime, serve your time, pay the fines, and successfully complete your probation, you are still left with a criminal record as punishment.

 

There are many situations where a criminal record can come back to haunt you. For example, you may have filled out a rental application that asked if you have been convicted of a crime. You may be denied as a result, or someone else who does not have a conviction on their criminal record may be selected instead. Additionally, a bank may ask for information on your criminal history if you apply for a loan, since it will consider you riskier if you have a conviction or arrest. And employers sometimes conduct background searches which can uncover this type of information and hurt your chances of getting the position.

 

So what can you do to change this? You may be able to seek expungement in some cases. But every state handles expungement differently, so you need to find out the laws specific to the state where your case occurred. Fortunately, in North Carolina, expungement is allowed in certain situations.

 

What Does Expungement Mean in North Carolina?

 

Expungement, which is sometimes called expunction, is the legal erasure of arrest and conviction records. In essence, it is as if the crime was not committed or the arrest never occurred. If the public or local law enforcement goes to search your criminal history, they will not find details of the event.

 

Who Is Eligible for Expungement in North Carolina?

 

If you are a minor and a first-time offender that has been charged with a misdemeanor, the crime will be eligible for expungement.

 

As an adult, there are certain adult misdemeanors that are expungeable as long as certain requirements are met. Additionally, minor gang offenses and certain drug offenses, including toxic vapors offenses, can be eligible if they occur while the accused was under 21 years old.

 

How Does Expungement for a Minor in North Carolina Work?

 

If you were a minor, you will be eligible to petition the court to have records expunged if you:

 

• Plead guilty to a misdemeanor charge
• Were not previously convicted of a felony
• Have no other misdemeanor offenses (other than minor traffic violations)
• Committed the initial misdemeanor when you were under 18 years old
• All requirements for probation have been completed
• Two years have passed since the conviction

 

Additionally, you may be able to expunge a record if you were convicted of a misdemeanor possession of alcohol charge before 21 years old.

 

How Do You Petition for Expungement in North Carolina?

 

If you want to petition for expungement, you need to have a petitioner affidavit that shows good behavior for the two years since you were convicted of the misdemeanor, two affidavits from people who are not relatives that speak to the nature of your character, a statement detailing which conviction this is about, as well as affidavits from the chief of police, clerk of the superior court, and the sheriff of the county where you were convicted of the misdemeanor. These affidavits must state that you do not have any additional felony or misdemeanor charges on your criminal record – except for minor traffic violations. Additionally, you need to file an affidavit which states that all required restitution and civil judgments have been successfully concluded.

 

These affidavits must be presented to the district attorney at the court where you were convicted. Within 10 days, the file will be processed, and you will receive notice that a court date has been set. You should also be aware that there may be further investigations to ensure that the affidavits that were presented are legitimate.

 

During your hearing for expungement, the judge will look at a number of factors before deciding if your request is granted or not:

 

• if you have been convicted of another misdemeanor or felony
• if you have had good behavior for two years after your initial conviction
• if you were under 18 years old at the time of the offense and conviction
• if the petition is in the favor of the court

 

If the judge grants the petition, then you will be legally able to say that you were not convicted, arrested, or charged with the crime with no fear of perjury.