Mooresville Expungement Lawyer

Mooresville Expungement Attorney

Being convicted of a criminal charge can lead to frustrating issues even long after your court date. This can include difficulties getting a new job, finding a home, and qualifying for loans, insurance, and some professional licenses. Even if your charges are dismissed, an arrest can still show up on background checks and, in some cases, might be held against you. If you think you might be eligible for expungement, an experienced Mooresville expungement lawyer can help.

The compassionate legal team at Griffin Law, PLLC, firmly believes that people deserve a chance at a fresh start. For more than 20 years, our law firm has provided top-quality legal representation to people in Mooresville and the surrounding area. Our trusted criminal defense attorneys want you to have the fresh start you deserve, and we can put our skills and resources to work for you.

Expungement in Mooresville

Expungement is the legal process that removes a criminal conviction or charge from a person’s record and often either destroys or seals the records of the arrest, the charge, and the conviction. When an expungement is granted, the person no longer has to report the conviction or charge on job applications, loans, professional licenses, or housing.

Juvenile records can also be expunged, but the process is different for adult criminal charges or convictions. In some cases, an expunged case may still be used to make legal decisions, such as cases related to federal immigration status.

There were 78,473 expungements in North Carolina in 2023. Official numbers for 2024 are not available yet, but they are expected to see a huge increase due to the Second Chance Act, which allows for automatic expungement of dismissed charges and not guilty verdicts. Reportedly, 10,000 cases have been cleared per week, compared to the 15,000 that were previously cleared per year

North Carolina Expungement Process

The first step of the expungement process in North Carolina is filing an official petition with the court, including relevant documentation to support the expungement. This might mean affidavits, paperwork that shows the disposition of your case, or notarized statements of good character on your behalf. It may be helpful to contact your courthouse to find information related to your case. The Government Center South is located on E Center Ave in Mooresville.

The District Attorney’s office can review the request and, in some cases, oppose the expungement. Then, the Administrative Office of the Courts and the State Bureau of Investigation review the petition, and a hearing is often required.

Among the important things to know about expungements in North Carolina is that what can be expunged depends on several elements. Factors can include the type of offense, how old the person was at the time of the charge, whether charges were dismissed, whether the person was found not guilty or convicted, and how many other convictions the person has on their record. These factors can also affect when a person can request expungement.

Kinds of cases that can often be expunged include:

• Misdemeanor convictions
• Non-violent felonies
• Alcohol-related infractions
• Drug-related offenses
• Prostitution
• Identity theft
• DNA records

In some situations, before a person can file for expungement, they may have to pay fines or restitution, complete their sentence (including probation), not have any pending charges other than traffic infractions, or provide a complete list of agencies to notify. There is also a waiting period for some cases.

In 2017, the North Carolina government passed Senate Bill 445 to reduce the amount of time it takes to have non-violent misdemeanors and felony convictions expunged. The waiting period changed to five years for misdemeanor conviction expungements and 10 years for felony conviction expungements. Previously, both had 15-year waiting periods. In addition, there is also no longer a limit on expungements for dismissed charges.

FAQs

How Much Does It Cost to Get a Record Expunged in NC?

How much it costs to get a record expunged in Mooresville, NC can vary depending on the circumstances, such as the disposition of the case. In general, the court filing fee for expungement is $175. However, if the charges were dismissed or if there was a not guilty verdict, there may be no fee required. You may also be required to pay any fines or restitution, and in many cases, you may need to hire an expungement lawyer.

Do You Need a Lawyer for Expungement in NC?

You are not required to hire a lawyer for expungement in NC. However, it is highly recommended that you at least consult with an expungement lawyer. Courts do not provide lawyers for expungements like they do for criminal trials, and if your expungement is denied, you may not be able to appeal. The staff at the courthouse is not allowed to provide legal counsel or advice, and you are expected to follow all court procedures.

How Do You Get a Record Expunged in NC for Free?

You may be able to get a record expunged in NC for free if the charges were dismissed or if there was a not guilty verdict in the trial. In some cases, you can fill out a fee waiver form, and the waiver may be granted. Beyond that, the process to get a record expunged is the same: you file the appropriate forms with the court, along with any other necessary documentation, and you may need to attend a hearing.

What Do You Say to a Judge for Expungement?

For an expungement hearing with a judge, you should clearly explain that you want to expunge your criminal record, why you need the record expunged, and that you have followed the proper procedures, including waiting times, paying fines and restitutions, and completing your sentence, if applicable. Be respectful and honest, and do not share more information than needed.

Trusted Mooresville, NC, Expungement Lawyer

At Griffin Law, PLLC, we know that the expungement process can be complicated, requires multiple forms of documentation, and has strict timelines. Our experienced team can make sure you meet eligibility requirements and have all the necessary documentation. If you have a hearing, your attorney can represent you and fight for the most favorable outcome possible. Contact our office today to schedule an initial consultation and discuss your legal options.