If you have ever applied for a job, school admission or apartment lease, you know how important a clean criminal record can be. An expunction is the process whereby a charge or in some limited circumstances, a conviction, can be removed from your criminal record. If you were previously charged with a criminal offense and that charge was resolved in your favor (you were found not guilty or the charge was dismissed), you may be eligible to have the arrest record expunged or erased.
To be eligible for the expunction, you cannot have had an expunction in North Carolina and you cannot have had a felony conviction. Certain convictions may also be expunged. This generally is allowed for misdemeanor convictions occurring before the defendant’s 18th birthday or alcohol-related offenses occurring before the defendant’s 21st birthday. You must show the court that you have had no subsequent convictions for a two-year period from the date of the misdemeanor in question and that you have no prior felony convictions.
Under recently passed legislation, it is now possible to expunge certain felony convictions. These convictions must be low-level, non-violent felonies occurring more than 15 years ago, or more than 4 years ago if the conviction occurred before the defendant’s 18th birthday. If you believe you are eligible for an expunction, please call us today for a free consultation to discuss how to get started.