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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.

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.

Five Steps to getting a dismissed case expunged in North Carolina

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NC Expungement Information

NC Expungement Information

Important Note:  If your case was dismissed it will NOT be expunged automatically by the courts.  You need to file a petition to have your charges expunged from the system.  If you do not file an expungement petition the record will remain visible forever.  Example: If you were charged with Assault and the case was dismissed – any future employers, schools or housing agencies will see that you were charged with the crime and have questions about it.  It’s never a good first impression in any circumstance.

1.  Find out if you qualify for an expungement.  Contact The Law Offices of Wiley Nickel, PLLC for a free consultation to determine whether or not you qualify for a North Carolina expungement of your criminal charges.  We will review your records and let you know whether or not you qualify for an expungement.

2.  Confirm that you have not used a dismissal expungement before.  Generally you are only allowed to expunge a dismissed charge one time in North Carolina with some exceptions.  An attorney at our office will explain how this works.  As an example you can have cases expunged if your identity was stolen.

3.   File an Expungement Petition with the Court in the County where your case was dismissed.  An attorney in our office will file an expungement petition on your behalf.  You simply need to make payment to our office and provide some basic information to our office.

4.  Wait approximately 4-6 months for your petition to work its way through the system.  There’s no way to tell exactly how long this will take but on our end all we can do is file the petition with the courts and wait.  All counties take different times to process this sort of paperwork.

5.  Receive your certified expungement petition back from the courts and feel confident knowing that all official records of your charge have been erased.

The Law Offices of Wiley Nickel, PLLC handles expungement petitions for disimissed cases for the entire state of North Carolina.  We handle expungement petitions in all counties including Wake, Durham, Chatham, Orange, Mecklenburg, Guilford, Forsyth, Cumberland, New Hanover, Buncombe, Johnston & Harnett.

Contact Expungement Attorney Wiley Nickel at 919-585-1486 or directly by e-mail at wiley@wileynickel.com for a free initial consultation.  Our office is located in Cary, North Carolina and our main website for other legal services is www.wileynickel.com.