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Are you eligible for a criminal record expunction in N.C.?

On Behalf of | Sep 15, 2021 | Criminal Defense |

Having a felony or misdemeanor on your criminal record, even if the charges have been dismissed, can have a negative impact on your life for a very long time. Specifically, a criminal conviction can block you from working in some industries, owning a firearm or even renting or leasing a property.

Fortunately, North Carolina laws have provisions that allow you to clear the slate in most situations. If you served time and paid your debt to society, you can have your record expunged, also referred to as expunction, so you have a fresh start in life. An expunction removes anything related to your arrest, charge and conviction from your record.

So could you be eligible for a criminal record expunction?

North Carolina Statute outlines who can, and cannot, have their criminal record expunged. Additionally, there are several statutes that explain the expunction process for different criminal records. That said, you must meet the following conditions to be eligible for expunction in North Carolina:

  • Convicted of a crime before turning 18
  • Convicted of a toxic vapor offense before turning 21
  • Convicted of a Class H or I felony that does not involve a motor vehicle, assault, or a sex crime as the core
  • Convicted of a misdemeanor that does not include an A1 misdemeanor or one in which a sexual crime, assault or stalking did not make up the basis of the offense
  • Cleared of all charges

Why do you need help with your expunction case?

Getting an expunction may seem like a straightforward affair. However, the statutes related to eligibility and the paperwork involved can make things quite complicated. A small mistake can result in a drawn-out process or even getting your claim denied altogether. This is why you need to engage someone who has a deep understanding of the state’s expunction laws.

If you have been formally charged with an offense, there is a record of it whether you are convicted or not. Working with an experienced criminal law attorney can help you successfully file for an expunction and get the fresh start you deserve in life.