A Criminal Conviction May Qualify for Expunction / Expungement

Even though you have been convicted of a crime, you may still qualify to have that conviction expunged from your criminal record. Under state statutes, misdemeanor and felony convictions can be erased.

In North Carolina, if you have ever been chargedConviction with a crime, that fact appears on your criminal record – even if the charge was dismissed. But, expunctions, also known as expungements, are not limited only to dismissals. Depending on your circumstances, a criminal conviction may also be eligible for expunction. This used to be true only for a misdemeanor conviction that occurred while a minor (or under the age of 21 if the conviction was for underage alcohol possession). There remain separate laws for expunctions under these circumstances.

In 2012 laws went into effect that expanded the circumstances under which a misdemeanor or felony can be expunged from your criminal record. They are intended to help those with a felony conviction for a crime committed while under the age of 18 and those with a misdemeanor or felony conviction for a crime committed while 18 years of age or older. Under these laws, you may qualify to have your conviction expunged if:

    • The conviction was for a Class 1 through 3 misdemeanor. (Class 1A offenses do not qualify)
  • The conviction was for a Class H or I felony.

 

  • The conviction was for a non-violent offense and was not a sex-offense. (Certain stalking ad drug related offenses are also excluded)

 

  • You have had a clean record other than the conviction that you wish to expunge. (No additional convictions other than traffic violations – However, multiple convictions that were adjudged in the same session of court and from the same conduct may qualify for expunction)

 

If the conviction was for a felony you committed while under the age of 18, at least 4 years must have passed since the end of your active sentence, probation, or post-release supervision, and you will have to complete at least 100 hours of community service. If the conviction was for a crime committed after you turned age 18, at least 15 years must have passed since the end of your active sentence, probation, or post-release supervision before a petition can be filed.

North Carolina Expungement Laws are somewhat complicated. Contact Xpunctions.com for a free consultation to determine whether you qualify to have a conviction expunged from your criminal record. Call, email or use the Contact Form for additional information.

 

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