When someone is charged with a criminal offense, whether the individual is found guilty or the charges are dismissed, a record of that charge exists in the
person’s criminal record. Such charges can show up during background checks for employment, housing, and other matters.
Expunction of a criminal charge is the act of clearing the record of the charge from a person’s criminal record.
As such, the charge does not show up when a potential employer or landlord checks the individual’s criminal record.
In North Carolina, whether a charge is eligible for expungement depends on whether it was dismissed, or the individual was found guilty,
whether the charge is a felony or misdemeanor, and whether the charge was a “violent” felony or misdemeanor.
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Dismissals
Dismissals
In North Carolina, if the charge in question was dismissed, whether a misdemeanor or felony, the individual or the district attorney may petition the court
of the county where the charge was brought for an order to expunge the record of the charge from all official records.
If a person is charged with multiple offenses and any charges are dismissed, then that person may petition to have each of the dismissed charges expunged.
If the court finds that all of the charges were dismissed, the court shall order the expunction. If the court finds that any of the charges resulted in a
conviction or did not reach a final disposition, the court may order the expunction of any charge that was dismissed.
Misdemeanors
Misdemeanors
For a single misdemeanor that is eligible for expungement, an individual must wait 5 years after the date of the conviction or when any active sentence,
period of probation, or post-release supervision has been served, whichever occurs later. For multiple misdemeanors, the waiting period is 7 years.
Along with the required wait time, the individual must complete specific requirements that are set out by the courts.
To find out if you are eligible for a post-conviction expungement, call 919-335-5291 for a FREE CONSULTATION.
Felonies
Felonies
For expunction of one nonviolent Felony, an individual must wait 10 years after the date of the conviction or after any active sentence, period of probation,
or post-release supervision has been served whichever occurs later. A person previously granted this type of expunction is not eligible for another expungement
of this type for any offense committed after the date of the previous order for expunction. Along with the required wait time, the individual must complete
specific requirements that are set out by the courts. To find out if you are eligible for a post-conviction expungement, call 919-335-5291 for a FREE CONSULTATION.
Motion for Appropriate Relief
Motion for Appropriate Relief
A motion for appropriate relief (MAR) is a motion made after a judgment has been entered to correct any errors that occurred before, during,
or after a criminal trial or proceeding, including errors related to the entry of a guilty plea. MARs are heard before a judge and can be granted or denied.