- How to have your criminal record expunged in North Carolina.
- The time it takes to get an expungement and the possibility of having multiple convictions expunged.
- The importance of seeking legal advice and representation when going through the expungement process.
How Do I Apply To Have My Criminal Record Expunged In North Carolina?
Applying for expungement involves filling out a specific form based on the type of expungement sought. The form can be found in the clerk’s office in each county. After filling out and filing the form, it is sent to the State Bureau of Investigation and the Federal Bureau of Investigation for review.
Once these agencies have finished their investigations, the North Carolina Administrative Office of the Courts reviews their findings and sends the form back to the original judge, who decides whether or not to grant the expungement. The process typically takes four to six months and can be done without an attorney, but it is highly advisable to retain an experienced and knowledgeable attorney to find the best result.
How Long Does It Take To Get An Expungement In North Carolina?
The process typically takes four to six months from the time the judge signs the petition to the time the expungement is granted.
Will An Expungement Completely Erase My Criminal Records In North Carolina?
Once a judge signs the order directing all records related to the arrest, apprehension, charge, investigation, dismissal, and verdict to be destroyed, it is as if the crime never happened. This allows clients to honestly and legally answer “No” on job applications or school applications that have questions such as “Have you ever been convicted of a felony or misdemeanor?”
Are Dismissed Charges Automatically Expunged In North Carolina?
Since the passing of the Second Chance Act in 2021, dismissed charges should be automatically expunged. However, this process is still being fleshed out, so it may not be happening 100% of the time.
Can Someone Have More Than One Conviction Expunged?
You can have more than one conviction expunged, but the circumstances are tricky and require legal expertise. If someone is convicted of multiple misdemeanors or felonies on the same court date or in the same session of the superior court, they may be able get more than one conviction expunged – but the petitions must be filed in a particular order for it to be successful.