To speak with one of our Charlotte Mecklenburg criminal defense lawyers today for a free assessment of whether you qualify for an expungement / expunction, call us today at 704-412-1442.
WE CAN HELP.
We can help.
Do not let prior criminal charges and/or convictions continue to negatively impact your school, housing, and/or employment search. Our attorneys are here to help with all steps involved in the process of expunging your record. Call us today at 704-412-1442 for a free consultation and assessment as to whether your prior charges and/or convictions may qualify to be expunged in NC.
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To speak with one of our Charlotte Mecklenburg criminal defense attorneys about getting a prior charge expunged from your record, call us today at 704-412-1442 for a FREE consultation.
In North Carolina, exungement, also know as expunction, is the process by which an individual may permanently remove prior charges and/or convictions from his or her record. This is a powerful tool given the challenges of having a criminal record in today's ultra competitive job market. Our expungement attorneys believe that everyone deserves a second chance and we are here to navigate the expunction process on your behalf.
A certificate of relief is another option to lessen the blow of prior criminal charges or convictions. While a certificate of relief (C.O.R.) does NOT remove a charge or conviction from your record, it does relieve some of the civil disabilities that arise from a criminal conviction and are often used for professions involving a licensing board. For example, a C.O.R. is considered favorably in discretionary decisions (i.e., occupational licensing decisions), provides evidence of due care to private employers in negligent hiring lawsuits (and therefore reduces the risk of hiring in the eyes of an employer), and demonstrates that the recipient is not an unreasonable risk to the safety or welfare of the public. Our attorneys are able to help you obtain either an expungement or certificate of relief.
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To speak with one of our Charlotte Mecklenburg criminal defense lawyers today regarding have your record expunged, call us today at 704-412-1442.
The actual process involved and required for expungement in North Carolina varies with each statute under which expungement is requested. The process is typically a long one given the number of legal entities involved, the record checks, and the legal hoops that one must jump through, and can take upwards of 12 months to complete. Our attorneys will help you walk through each step of the process, which typically begins by obtaining a complete copy of one's criminal record to determine eligibility for expunction. If eligible, a petition must then be completed and filed, along with any required affidavits. From there, individual county requirements must be followed, the petition must be submitted to the SBI and AOC, and a hearing may have to be scheduled for final ruling on the matter.
Despite the length of the process, expungement is well worth the time and effort given the potential negative impact criminal charges can have on your future. Our attorneys are available to navigate this process on your behalf.
North Carolina General Statute Chapter 15A, Article 5, outlines the charges and convictions that may qualify for expungment. The list of crimes available for expungement has recently increased, but is unfortunately still relatively limited in scope. Expungement statutes address several specific scenarios where expunction may be obtained, including: Juvenile records; misdemeanor offenses and gang offenses committed when under age 18; controlled substances and toxic vapor charges under age 22; non-violent felony under age 18; non-violent offenses with waiting period satisfied; prostitution offenses; charges resulting in dismissal or not guilty verdicts; charges arising due to the identity theft of the petitioner; removal of records from the DNA database; and charges for which a pardon of innocence has been granted.
There are a number of additional limitations and requirements under each statute which may prevent a petitioner from successfully obtaining an expungement. For example, some of the statutes require a specific amount of time to pass after a conviction to be eligible for expunction, while others limit availability to those who have not previously or since been convicted of certain additional crimes. Our attorneys are well versed in the requirements for expungement and are here to answer questions you may have as to whether or not your prior charge(s) or conviction(s) may qualify for expunction.
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