Charlotte Criminal Lawyer Blog
How Can I Get an Expungement in North Carolina?
Having a criminal record can wreak havoc on all aspects of your life. When you are convicted of a crime, whether a misdemeanor or felony, you will have a criminal record that will remain forever. Your record will also show that you were charged with a crime. There are some types of crimes that are eligible for sealing or expungement. If you have a criminal conviction on your record, you may want to speak to a knowledgeable criminal defense attorney to learn whether you may be able to get an expungement.
What is Expungement?
An expungement or expunction is the closing or striking out of a criminal record. In general, an expungement means that your record will be sealed. Only law enforcement or select government officials would be allowed to view a record that was expunged. While expungement does not totally erase the conviction, it does provide some help in that it eliminates the viewing of the record for most people. In this day and age, many people access information such as a criminal record before they hire an employee or rent an apartment.
Are There Benefits to Expungement?
An expungement of your criminal record could benefit you in various ways. A criminal record shows up on a background check, which might impact your ability to get a job, rent an apartment, or even get into college. Getting your record expunged could help you improve your standard of living and help you seek better employment. Importantly, expungement will give you peace of mind that your criminal record will no longer be so easy for others to see. It may be worth the effort to seek an expungement.
Do I Qualify for Expungement?
The law provides qualifications for expunction in North Carolina. If you are found not guilty of a crime, you are immediately eligible for expungement. There is no waiting period for this type of request. If convicted of a misdemeanor crime, you may be eligible for expungement after a period of five years. If convicted of a felony, you may be eligible for expungement after 10 years. There is no limit to the number of expungements you may obtain. You may consult with an attorney to learn whether you are eligible.
How to File for Expungement
If you qualify for expungement, you must file a petition in the county courthouse where you were charged. The court reviews the request and will make a determination. It is helpful to note that the process can take some time, so it is best to complete and submit the petition as soon as you qualify. Some people have found that it may take up to a year to get a decision once they filed their paperwork. You will need to ensure that you file the petition properly so that there is no additional delay.
If you have a criminal conviction or a criminal charge in which you were found not guilty, you may have a permanent criminal record. A skilled criminal defense attorney will assist you with expungement. Contact us today at Arnold & Smith, PLLC, at (704) 370-2828 to discuss your legal needs.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/expunge
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