North Carolina’s New Expungement Law: What You Need To Know In December of 2017, Governor Roy Cooper signed a new expungement law, Senate Bill 445, that went effective immediately. Part I of the Act provides that certain convictions before December 1, 2019, for crimes committed between the ages of 16-18 are eligible for expungement. See below for the different types of convictions and dismissed cases that can be expunged and erased from your North Carolina criminal record. Right now I am in the process of receiving an expungement. A proposed N Carolina bill would allow the expungement of certain criminal records. In North Carolina, you are allowed to petition for an expungement once in your lifetime under 2 scenarios. Finding a Raleigh Attorney to Help With an Expungement. However the court dismissed both of my charges. A criminal record can have serious consequences for a person’s life. It’s like getting a huge part of your life back. That is false. The Second Chance Act. Has this record caused problems for you when you applied for a job or attempted to lease an apartment? How to erase your criminal record in NC. Additionally, North Carolina law now allows persons who were convicted of certain types of crimes, even felonies, to have the conviction expunged as well. Attorney Mike Schlosser represents victims of personal injury, those charged with a crime, as well as those facing traffic charges. An expunction (also called an “expungement”) of a criminal record restores the individual, in the view of the law, to the status he or she occupied before the criminal record existed. There is No Automatic Expungement in North Carolina for Dismissed Charges. An expunction (also called an “expungement”) of a criminal record restores the individual, in the view of the law, to the status he or she occupied before the criminal record existed. Expungement is the process that seals or “erases” a conviction, charge, or arrest from public record. 15A-146 provides for expungement of charges in cases that were either dismissed or where a person was found not guilty. Were you arrested and charged with a crime in North Carolina, but were found not guilty or had the charges dismissed? An expunction (also known as expungement) seals official case records that have been dismissed and expunged from public view. Age of the defendant is not an issue (except for the infraction under G.S. It was approved by the House and will be considered by the Senate. Contact The Law Offices of Wiley Nickel, PLLC for a free consultation to determine whether or not you qualify for a NC has now extended and lessened some of the standards which were required to get an expungement. The first important reason to get an expungement is based on misinformation. However, expungement is not allowed if you have previously been convicted of a felony. Some counties may allow you to file your own petition. I believe that a person can and should be able to receive an expungement under the North Carolina General Statute 15A-145. Where charges are dismissed or there are findings of not guilty as a result of identity theft or pardon is issued ; Guilty of certain nonviolent misdemeanor or felony offenses after 15 years, regardless of age; If Your Expunction Is Granted. You can hire a lawyer, in the county of your conviction or dismissed charges, to file an expunction for you. Terms Used In North Carolina General Statutes 15A-146. If a past criminal charge or conviction keeps causing problems during a job search or move, speak with an attorney about whether an expungement might help. Call now for a free consultation. Expungement is the process in which a person convicted of a crime is eligible to have that charge removed from their record. 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 Expunction of records when the case is dismissed or there are findings of not guilty. This means the charge will no longer appear in a North Carolina database. Start Your North Carolina Expungement Today! If charges were dismissed or you were found not guilty. Expungements in North Carolina are helpful if you have had a criminal charge or charges that were dismissed or you were given deferred prosecution. Be aware cases disposed after December 1, 2021 may be impacted by the Second Chance Act. In December 2017, the North Carolina expungement requirements changed, which now allow more people to obtain relief from a prior criminal conviction. According to the North Carolina Administrative Office of the Courts (AOC), the clerk of court should obliterate all references to the expunged charge in the physical records of the case. Expungement of Criminal Records – General – North Carolina § 15A-145. The information on this page should only serve as an overview of North Carolina expungement law. Underage Convictions. Show 3 more Show 3 less . It would be easy to assume that once a North Carolina criminal charge is dismissed there is nothing more to be done. 2018 UPDATE: The laws in north carolina regarding expunction of dismissed charges has recently and substantially changed. By SeiferFlatow Team | June 8, 2020 | Comments Off on Everything you need to know about expungement in North Carolina. June 18, 2020 . Expungement in North Carolina. This subsection does not apply to civil or criminal charges based upon the civil ... of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. Raleigh Criminal Defense Law Firm | 919-585-1486 | Law Offices of Wiley Nickel . First, if your case was dismissed or you were found not guilty. 15A-146. About the Author. An experienced expungement lawyer can be an invaluable to getting your record cleared. Expungement of Dismissed Charges in North Carolina During college I was charged with Underage Consumption, and Resist Delay & Obstruct a public officer. Additionally, a person can have dismissed charges expunged. Certain types of misdemeanors and felonies may be expunged. Read this very closely! Copy: means all identical versions of a document created or existing in paper form, including the original and all other identical versions of the document in paper form.See North Carolina General Statutes 15A-101.1; Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. By Jason Schaumburg (The Center Square) – Gov. If you are low income, you may be eligible for a free lawyer from Legal Aid of North Carolina. As soon as an Expungement has been granted North Carolina law says that you do not have to say you were ever arrested, charged or stood trial for the Expunged offense. Criminal charges Crime classifications Felony crime Misdemeanor crime Criminal record Expungement of criminal record. 18B-302(i) (purchase or possession of a malt beverage or unfortified wine by a 19 or 20-year old) can have the arrest and court records expunged, under certain circumstances, if the charge is dismissed or the person is found not guilty. Welcome; Criminal Law Blog; Crimes DWI (Driving While Intoxicated) Wake County Traffic Ticket Expungements DWLR (Driving While License Revoked) Drug Charges Marijuana Possession & Drug … I had maintained a clean record up until that point, and I was only required to complete 24 hrs of community service. There are still important limitations. We may be able help you expunge and erase them. This statute covers expungements for persons who have been convicted of a misdemeanor as a first offender and under the age of 18. For more information about how to file your own expunction application, please click (N.C. General Statutes § 15A-146 (2018).) Many people believe that if they were charged with a crime, and those charges were later dropped, that they don’t need an expungement. In North Carolina, an expunction is the destructionof a criminal record by court order. However, even dismissed charges show up on background checks that have become routine in employment, housing, and other decisions. North Carolina Is Considering An Expungement Bill. Roy Cooper has signed into law legislation that addresses criminal records expungement in North Carolina. In North Carolina, a person charged and convicted of certain crimes is eligible to have the charge expunged from their record. On June 25, 2020, Governor Roy Cooper signed the Second Chance Act (the “Act”) into law. This applies to charges expunged after June, 2018. To help you and the 10 million other NC residents understand how the effects of the new statute, the expungement attorneys at Manning Law Firm put together this guide to expungement law in NC. Expungement when charges are dismissed or there are findings of not guilty. A person charged with a felony, misdemeanor or an infraction under G.S. N.C. G.S. In North Carolina, the general rule is you are entitled to one expungement in your lifetime. In North Carolina, an expunction is the destruction of a criminal record by court order. Yes, even dropped charges will appear on a North Carolina criminal record check. The … It is important to remove arrests from your criminal history report across North Carolina. Expungement is a way to remove convictions or dismissed cases from your record so that future background checks won’t display any arrests or charges– essentially creating a clean slate. Lawmakers in North Carolina are considering Senate Bill 562 (SB562), which is also known as the Second Chance Act. June 27, 2020 by Charlotte Media Group 1 Comment. Governor signs North Carolina criminal records expungement law. The statute giving prosecutors this information does not include charges that were expunged after being dismissed or found not guilty. Unfortunately, if your case was dismissed there is no automatic expungement. Identity theft or mistaken identity. To contact Legal Aid, call 1-866-219-LANC. Our Corporate Legal Representation includes attorneys who bill $500+ an hour. Dismissed charges should be reflected as "dismissed" or "dismissed after deferred prosecution" if you had to enter a program to obtain the dismissal. North Carolina Expungement Attorneys. Traditionally North Carolina law has allowed individuals to petition to have a case in which they were not convicted of a crime (meaning the charges were dismissed or they were acquitted at trial) expunged from their record. Getting a job, obtaining a professional license, leasing a residence, or gaining admission to college, can be difficult when you have a criminal record in your past. Here’s how you can get criminal record expungement in North Carolina: The criteria for conviction expungement are as follows: 1) ... James arranged for these charges to be dismissed. In North Carolina, if you are found “Not Guilty” or if the charges against you are Dismissed, you may be eligible to have all records of the charge expunged (i.e. Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors. The Act broadens the availability of expungement of convictions in North Carolina. It might be … sealed or removed completely from public record). Five Steps to getting a dismissed case expunged in North Carolina. Thus, the clerk would obliterate the felony charge from the original criminal process, the release order, and other records. Some background checks might even show, for instance, that a charge was dismissed because the subject completed diversion. For North Carolina residents, the possibility of pursuing expungement has recently expanded. The Second Chance Act allows certain felonies and misdemeanors committed before Dec. 1, 2019, to be expunged from a … I founded and build an Assisted Living Company whose Portfolio Value exceeds $40M, with over 500 employees. If you had a misdemeanor or felony charge on your record and were deemed not guilty or the case was dismissed, you can petition the court to erase any public record of the criminal proceedings. How Can Charges Be Expunged in North Carolina? Even after a case is dismissed, the charge will remain visible to future … Your arrest record may qualify for expungement. Prior exceptions and limitations have been modified, allowing multiple expunctions for certain charges and extended time periods. - N.C. G.S. North Carolina Expungement Process. Know about expungement in North Carolina, a north carolina expungement dismissed charge ’ s life where a person charged and convicted a... 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