Having a criminal record in North Carolina can create a number of challenges for you because employers, landlords and educational institutions may access that record and make decisions based on what they find. In some situations, you may lose an opportunity just for having a criminal record. At Griffin Law, PLLC, we often help people to clear their records through expungement for a fresh start on life.
Here is what you need to know about expungements in the state, according to the North Carolina Judicial Branch.
What it is
This legal process provides relief from some of the consequences of a charge or conviction by removing it from your record and sealing or destroying the state’s record of it. After an expungement, the law allows you to deny that the arrest, charge or conviction occurred, and it would not be perjury. However, there are certain circumstances under which someone may view the record, such as a federal immigration case.
When it is available
How soon you can file for expungement varies widely depending on the details of your arrest, charge or conviction. In some cases, you may be able to immediately apply, while in other cases, you may have to wait 10 years.
What you need
The specifics of your situation affect the requirements for your application. Forms and additional documentation differ from one offense to another, and they may also differ from one county to the next.
North Carolina statutes § 15A-145 provide details about the types of expunction, eligibility and other factors. More information about clearing a criminal record is available on our webpage.