Secondly, if you were convicted of a misdemeanor before the age of 18, or you were found guilty of possession of alcohol before your 21st birthday, you may be entitled to expungement of your criminal record. To begin the expungement process, the first step you should take is to consult with your criminal defense attorney in Raleigh, NC to find out if your charge qualifies for expungement. If your charge does qualify, your attorney will complete an petition for expungement and file the petition with the local clerk of court.
In some situations, the North Carolina General Statutes require a period of time where you have not committed any further crimes. Expunging a misdemeanor or felony charge can be a complex process and hiring a criminal defense attorney will help to simplify things for you.
Can I Have My Felony Conviction Expunged From My Criminal Record?
Not all crimes are eligible for expungement. Convictions of violent crimes like sexual abuse, sexual battery, or rape are not eligible under the law.
The act piggybacks off of legislation taking effect this December to raise the age for automatic prosecution as an adult to North Carolina was the last state to automatically prosecute and year-olds as adults. Supporters say the expunction bill removes barriers and helps reintegrate former offenders into society — an issue that has gotten national attention. It aims to reduce recidivism and funds re-entry programs for formerly incarcerated people.
The bipartisan Clean Slate Campaign has advocated for record-clearing laws in other states.kick-cocoa.info/components/qamusowi/jijot-come-controllare.php
Expunging or Sealing Adult Criminal Records in North Carolina
Rebecca Pirius, a senior policy specialist for the National Conference of State Legislatures, said automation is one of the key factors to make the process easier. But automating the process requires the right technology, which can be costly Pirius said. In June , Pennsylvania was the first state to pass a law that automatically seals arrests for unconvicted people. The law also expands the list of misdemeanors that can be sealed. Utah followed suit in March with a law that automates expunction for those who qualify.
One of the biggest barriers in reintegrating offenders is obtaining jobs, according to Daniel Bowes of the liberal-leaning North Carolina Justice Center. After his first misdemeanor at 18 for marijuana possession, Williams was able to have his record expunged.
North Carolina - Guide to Pardon, Expungement & Sealing
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New North Carolina Law Reduces Wait to Clear NC Criminal Records!
In North Carolina, expunction can erase your criminal record under certain circumstances. But not all records can be expunged. If charges were brought against you as a result of mistaken identity or of someone stealing your identity and using your name, you can petition to have the record expunged if: the charges were dismissed there was a finding of not guilty, or the related conviction was set aside.
Convictions for certain offenses cannot be expunged, including: Class A1 misdemeanors Class A through G felonies offenses involving assault as an essential element offenses that require you to register as a sex offender , and felonies in which a commercial vehicle was used to commit the crime.
If you were arrested for or convicted of a prostitution offense, you may apply to have the criminal record expunged if you have never been convicted of a violent felony or violent misdemeanor and if: your conviction was a result of having been a victim of human trafficking or sexual servitude you have no prior convictions for prostitution and three years have passed since your last conviction or completion of any sentence, whichever occurred later, or your case resulted in a discharge and dismissal of the proceedings against you.
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