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Is your criminal record interfering with your ability to find work, find housing, or receive a car or home loan? Even if you were only arrested or charged, but not convicted of a crime, the report may remain on your criminal background, sometimes decades after the incident.
At Dugan & Leger, we can help you discover what is on your criminal record, determine your eligibility for obtaining an expunction, and discuss your options for clearing your criminal history. Such options include sealing your criminal record and expunging criminal records in North Carolina.
Expungement Process In North Carolina
Obtain a copy of your Criminal Record. You can print a Request Form from the following link. NC Criminal Record Search Form
Determine your eligibility. Article 5 of the North Carolina General Statutes Section 15A outlines the various criminal charges that are eligible for expunction. Eligible Criminal Charges include:
- Misdemeanor Offenses, First Offender Under age 18 (N.C. Gen. Stat. S 15A – 145)
- Certain Gang Offenses, First Offender Under age 18 (N.C. Gen. Stat. S 15a – 145.1)
- Drug Offenses, First Offender under age 21 (N.C. Gen. Stat. S 15a – 145.2)
- Toxic Vapor Offenses, First Offender under age 21 (N.C. Gen. Stat. S 15a -145.3)
- Certain Nonviolent Felonies, First Offender under age 18 (N.C. Gen. Stat. S 15a – 145.4)
- Other Felonies & Misdemeanors, no age limit, 15 yr waiting period (N.C. Gen. Stat. S 15a – 145.5)
- Certain Prostitution Charges (N.C. Gen. Stat. S 15a – 145.6)
- Dismissed Charges, or Found Not Guilty (N.C. Gen. Stat. S 15a – 146)
- Dismissed or found Not Guilty by reason of Identify Theft (N.C. Gen. Stat. S 15a – 147)
- DNA Records where charges dismissed, or Pardon of Innocence granted (N.C. Gen. Stat. S 15a – 148)
- Records where Pardons of Innocence granted (N.C. Gen. Stat. S 15a – 149)
Follow all statutory requirements, providing all documentation and fees as required. Most of the North Carolina Expungement laws require affidavits, or written statements given under oath, a completed petition, and some other supporting documents.The fees for most expungement applications are $175.00.
You can look at the NC Administration of Courts (AOC) Expungement Petition Here.
Sometimes, a petition for expungement may require a hearing. At the hearing, the Judge may interview former probation officers, or other officials to determine if the Petition should be granted. Upon a judicial determination approving the Petition, the Court will issue an Order that the charges approved to be expunged. Any party who fails to follow this order, such as a Credit Reporting Agency or “criminal background Checker” website will be forced to remove the record under threat of Contempt. A party who disobeys this order may be liable for civil penalties and other sanctions.
The Process for obtaining an expunction can become very challenging. There is a great amount of law one must navigate and understand to accomplish this task. There are also many procedural “hoops” that a petitioner must “jump through” to seal their record. The criminal defense attorneys at Dugan & Leger are familiar with law and are ready to help you expunge your criminal records. We strongly believe in second chances and want to help you obtain yours.
All content is provided for informational purposes only. The information contained herein is not intended, nor should it be considered legal advice. No attorney-client relationship is created by this post. To speak with a felony defense attorney contact Dugan & Leger at (910) 253-5400.