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How Do I Remove a Dismissed Criminal Case From My Record in North Carolina?

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A big question we often get from clients after getting their case is dismissed is “how will it affect my record?” Will a background check reveal that I was arrested? Will the charges show up when I go to rent property? The short answer is usually yes, the arrest and charges would still appear unless you get an expungement.

Expungement of Dismissed Cases in NC

Expungement is a way to remove convictions or dismissed cases from your record so that future background checks won’t display any arrests or charges. For North Carolina residents, the possibility of pursuing expungement has recently changed in a good way. North Carolina has recently made it much easier to get dismissed cases removed from your record through the expunction process.

Governor Roy Cooper signed a new expungement law, which took effect on December 1, 2017. This new law cuts down the wait time for non-violent misdemeanor and felony convictions. Misdemeanor conviction wait times have been reduced from 15 years to 5. Felony convictions from 15 years to 10. The new law has also lifted the limit of one expungement when the defendant’s charges were dismissed or they were acquitted. Now if the defendants whose charges are dismissed or who were found “not guilty” can apply for as many expungements as they want (assuming no felony convictions or active criminal cases).

Petitioning for an expungement can seem easy but it has a number of steps and involves a good amount of specific clerical work. The petition must be filed in the county where the charges took place. Also, the expungement process is a lengthy one so properly filling out and filing the paperwork is very important as a small mistake could mean your petition gets denied and you have to start again from scratch (having lost tons of time).

If you have a dismissed case or a not guilty verdict on your record contact The Law Offices of Wiley Nickel, PLLC for a free North Carolina expungement consultation.  Our office is located in Cary, NC and we handle expungements throughout North Carolina. Our phone number is 919-585-1486.  Contact a North Carolina Expungement Lawyer today to discuss your case.

How Does the Expungement Process Work in North Carolina?

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Step #1: Determining Eligibility

Are you eligible for an expungement? There are different rules for dismissed cases and convictions.  For dismissed cases there is now no limit on the amount of dismissed cases and not guilty cases you can get erased through the expungement process (as long as you don’t have a felony conviction or an active criminal case).  For convictions there are certain crimes that are not eligible for expungement and there are different rules for those under 18 at the time of offense, under 22 for certain crimes and then a 5/10 year wait for felony charges (10) and misdemeanors (5).  We generally need to pull court records to confirm whether you are eligible.

Step #2: Filing the Petition

Once we determine whether you are eligible for an expungement, we will file a petition for expunction in the clerk’s office in the county where you were charged.  You may need to sign affidavits and get character witnesses to do the same.  There may or may not be court costs of $175 depending on the type of expungement.

Step #3: Review by the SBI (North Carolina State Bureau of Investigation)

Following an initial signature by a judge or district attorney (if required) the petition is then mailed to the North Carolina State Bureau of Investigation (SBI).  The SBI will conduct a search of the criminal records of North Carolina. Any records discovered will be attached to the petition and mailed to the North Carolina Administrative Office of the Courts (AOC).  After reviewing the petition for any prior expungements by petitioner, the AOC attaches another report of its findings and sends it back to the clerk of court of the county where the petition was originally filed. This part of the process can take several months.

Step #4: Final Judgment by the Court

Once the petition is returned to the courthouse a judge makes a final determination based on the petition and information provided by the SBI and AOC. A this point the judge may sign the order granting the expungement without a formal hearing. However, if there is a question as to the applicant’s eligibility or if the district attorney has an objection, then a formal hearing could be required.  Following that hearing, the court will either grant or deny the expungement petition.

Step #5: Removal of Expunged Records

Upon the granting of the expungement petition, the clerk of court is statutorily required to send notice of the expunction to all of the relevant agencies that have information about your case.  They are then required to eliminate those records from the system after they’ve received notice.

If you have a criminal record (conviction or dismissed case) contact The Law Offices of Wiley Nickel, PLLC to speak with an expungement lawyer during a free consultation.  We can be reached at 919-585-1486.

 

North Carolina Expungement Lawyer Explains Expungement Process

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Are you eligible for a North Carolina Expungement?

Your case is over but your record remains visible for all to see! If your case was dismissed (or you have certain convictions), you can protect your reputation and rebuild your life through the process of Expunging your North Carolina criminal record (also called Expunction).  Even if your case was dismissed a record still remains that is visible to future employers, current employers, customers, landlords, colleges, insurers and anyone else who might do a check on your record.

If you worked with your attorney to negotiate a dismissal of your criminal charge or are found not guilty at trial your criminal arrest record will still remain.  Even if you get a voluntary dismissal the original criminal charge will always be on your record.  If your record is expunged then all searches of your record will show a clean criminal record and a clean public arrest record.

A new law change allows for certain misdemeanor convictions to be expunged after 5 years and certain felony convictions to be erased through the expungement process after 10 years have passed.

Call The Law Offices of Wiley Nickel, PLLC for a free consultation at 919-585-1486 to see if you are eligible for a North Carolina Expungement. Contact Expungement Lawyer Melissa Botiglione at our office in Cary today.