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”
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
Russell W. DeMent III
Criminal Defense Lawyer
Misc. Defense Services
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.
Criminal Law Articles from the Blog
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CRIMINAL DEFENSE SUCCESS
Client approaches a DWI roadblock. Smells of alcohol and performs ok on field tests though she does so some signs of NHTSA clues of impairment. She admits to drinking and blows positive for presence of alchol on the portable breath test. She is taken to the mobile breath testing bus at the checkpoint. She is…
Client charged with level 3 trafficking in opiates which carried minimum mandatory sentencing of a minimum of 225 months (18 years 9 months) in prison. After months of negotiating with the prosecuting attorney and following a lengthy argument to the court, Defendant was sentenced to 65 months (5 years and 5 months) in prison with…
Guilty Verdict of Less Significant Charges of Driving with License Revoked and Lane Violation; Charges Included DWI, Driving While License Revoked, and Hit and Run; No Jail Time
Client charged with DWI, driving while license revoked for impaired revocation, hit and run, and driving left of center. She was found on side of the road in driver’s seat 400 yards from a collision, showed clues of impairment on the field sobriety tests and blew a .10 on the breath test. Found not guilty…
Defendant charged with Level 2 DWI with one prior within 7 years. Was facing a potential sentence of 1 year in prison. Defendant attended a treatment program and really changed her life direction while the case was pending. We were able to get the judge to agree to accept the inpatient treatment as credit for…
Client stopped for speeding. LEO smelled odor of MJ about clients person. LEO search revealed burned MJ blunt. Defendant performed poorly on all physical tests but told the officer he suffered from a herniated disk in his lower back. On the horizontal gaze nystagmus (HGN) eye test there were no clues of impairment. A subsequent…
Defendant had a head-on collision with injuries to both parties. He was given field sobriety tests on the scene of the collision and did not perform well on those tests with the exception of the Horizontal Gaze Nystagmus (HGN) test where he showed no signs of impairment from any central nervous system depressant. He admitted…
Evidence Suppressed in DWI Case; Court Holds “No Reasonable and Articulable Suspicion” for Traffic Stop
All evidence suppressed in DWI case for an illegal stop where the LEO observed my client pause in a parking lot for 30 seconds before leaving the lot and then crossed a center line during a turn at an intersection. Held “No reasonable and articulable suspicion” for a traffic stop.
Defendant charged with 2 counts of habitual impaired driving on his 7th total offense. Were able to negotiate a plea consolidating the sentence to one term of 28 months in prison where he was facing the potential for 10 years or more.
Not Guilty of DWI with Serious Collision; LEO Failed to Gather Specific Information from Driver Taken to Hospital with BAC of .17
Client charged with driving while impaired. LEOs respond to a serious collision where someone being taken to the hospital in EMS vehicle upon troopers arrival. The vehicle had flipped 2 times and landed in the median. Based upon information obtained at the scene, the LEO finds my client in the hospital with injuries consistent with…
Motion to Suppress and Dismiss Granted for Lack of Probable Cause; No Reliable Evidence Suggesting Impairment After Speeding Stop
Motion to suppress and dismiss granted for lack of probable cause to arrest where my client was stopped for speeding, had an odor of alcohol, glassy eyes, admitted to drinking, as well as showed signs of impairment on the field sobriety tests. The court put little weight on the field sobriety tests because the officer…