EXPUNGING YOUR RECORD

If you're reading this, you likely know that potential employers, current employers, customers, landlords, colleges, insurers and anyone else who might check your criminal record. Even if your case was dismissed or you were found not guilty, the charge may remain on your record. Fortunately, you may be able to protect your reputation through the legal process of expungement.

While there are a dozen records that can be expunged, many folks are not eligible. The University of North Carolina School of Government has published a great reference titled Relief From Criminal Conviction. Criminal records eligible for expunction in North Carolina are generally limited to the following three categories:

  • A first-time, nonviolent offense committed more than 15 years ago
  • A first-time offense committed under age 18/22
  • A charge that was dismissed or disposed “not guilty”

Expunction Statutes

If your criminal record falls into the categories above and is one of twelve expunction statutes, you should contact us today. Does any of the following describe the charge you wish to expunge?

  • Juvenile Record
  • Misdemeanor Conviction for Offenses Committed before Age 18 or 21
  • Gang Offense Conviction for Offenses Committed before Age 18
  • Controlled Substance Conviction for Offenses Committed before Age 22
  • Toxic Vapors Conviction for Offenses Committed before Age 22
  • Nonviolent Felony Conviction for Offenses Committed before Age 18
  • Nonviolent Felony or Misdemeanor Convictions
  • Prostitution Conviction
  • Charge Resulting in Dismissal or Not Guilty
  • Charges Occurring as a Result Identity Theft or Mistaken Identity
  • DNA Records
  • Pardon of Innocence

This process takes quite a while. We tell our clients to expect to wait 6 to 9 months from the time your petition is filed before hearing whether or not the expunction has been granted. Upon filing the petition, the SBI begins an arduous process which goes all the way back to the original court. The petition can be lost or delayed during the process, so we keep track to ensure the process doesn't take any longer than it has to. For this reason, you should contact an attorney as soon as possible.

North Carolina Expungement Attorney

Even if you're not sure if you are eligible for expungement, you should consult a North Carolina attorney experienced with the legal process. There are lots of questions about terms, interpretations, and procedures to be expected. Is there a waiting period? Can you get an expungement in more than one state? Are traffic related charges eligible, like DWI? Are probation violations eligible? Our attorneys are experienced in expungement and can answer all your questions. Call (919) 833-5555 now or contact us online to begin the expungement process.

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(919) 833-5555

We are now DeMent Askew Johnson & Marshall

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Morehead City, NC 28557
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CRIMINAL DEFENSE SUCCESSES

Possession with Intent to Sell or Deliver Marijuana Dismissed

January 5, 2023

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Not Guilty, Refusal Revocation Rescinded; Willful Refusal to Take Breathalyzer Test

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Jumping to conclusions… No PC on DWI

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7th Offense; Sentence reduction of 75%

June 4, 2019

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71% reduction in jail time acquired.

March 26, 2019

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Client found not guilty in DWI case.

June 4, 2019

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Not Guilty on DWI

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Not Guilty of DWI with Serious Collision

February 12, 2019

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Felony Larceny Charge Dismissed

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Defendant charged with 2 counts after his 7th impaired driving offense.

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No Consent, No Conviction on DWI

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Motion to Suppress and Dismiss Granted for Lack of Probable Cause; No Reliable Evidence Suggesting Impairment After Speeding Stop

February 12, 2019

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Guilty Verdict of Less Significant Charges of Driving with License Revoked and Lane Violation; No Jail Time for DWI Charge

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DWI Dismissed After Unlawful Search

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Not Guilty on DWI

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Violent Felony Dismissed

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Driving Too Fast, Moving Too Slow… DWI dismissed

January 6, 2023

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Evidence Suppressed in DWI Case; Court Holds “No Reasonable and Articulable Suspicion” for Traffic Stop

February 12, 2019

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No prison sentence for client facing 1 year.

June 4, 2019

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Not Guilty DWI – No Probable Cause

March 26, 2019

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