Do you qualify for an expungement?

Griffin Law, PLLC
Jul 04, 2023

An expungement is a legal process to remove a criminal charge or conviction from your record. The purpose of this procedure is to seal a record so that the public can no longer see it.

North Carolina uses the terms “expunction” and “expungement” interchangeably and has many statutes that govern eligible cases and relevant details.

Expunging a misdemeanor

You can immediately pursue an expunction if you face a misdemeanor charge that receives a non-guilty verdict. A waiting period, determined by the specifics of your case and your age, applies if a court finds you guilty.

Expunging a felony

If your felony charge results in a dismissal or non-guilty verdict, you can apply for an expungement. A waiting period applies, and you can not have a current felony conviction on your record. Typically, violent felonies do not qualify for this process.

Qualifying for an expungement

Before pursuing this legal process, you must meet the following requirements:

  • Proof of payment for all court-ordered costs and fines
  • Not currently on probation or parole
  • No pending criminal cases or charges
  • Completed the required waiting period
  • No outstanding criminal summons or warrants

Gaining advantages from an expungement

Misdemeanor and felony charges stay on your public criminal record, even when a judge dismisses them or finds you not guilty. Getting your records expunged can benefit you in several ways, including better access to jobs and housing.

An expunction is a complex legal process that requires an in-depth understanding of the statutes and related laws. When you file correctly, it can help you move forward from past mistakes.

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