The process takes 9-12 months to finalize and must be filed in the county where the charges originated. Convictions involving violence that occur after 18 are not eligible. Case is pending. All three did. I completed probation an estimated 2 years ago. What county is this charge from? Your comment will be posted after it is approved. Paid what i owed for that. First, the petitioner must show that the matter to be expunged is one covered by the particular statute. they need job to take care of family. Are there any options whatsoever? For those under age 18 on the date of offense there is an opening to remove misdemeanor assault convictions under G.S. I have a simple assault and damage to personal property charge. If clerks started telling people what to write and what to file there of course would inevitably be bad advice given out at times. Well, let’s discuss the specifics of each so that the expungement effect is clearer: Exceptions to the term “nonviolent” are listed in the statute but to name a few include violent crimes like assaults, sex offenses, DWI offenses, stalking charges, breaking and entering crimes, and any felony offense that is a class G or higher. Step #3: Review by the SBI (North Carolina State Bureau of Investigation) Following an initial signature by a judge or district attorney (if required) the petition is then mailed to the North Carolina State Bureau of Investigation (SBI). Dismissals are free to file. Class F is considered a serious felony and convictions are not eligible for expunction. Imagine my shock and confusion seeing words like "GUILTY" and "MISDEMEANOR" next to my name. Under the new law there are wait periods for convictions ranging from 12 months to 10 years for those under age 22 at the time of the offense, depending on the exact charge. Under the new law multiple dismissals are certainly eligible. I guess you need to speak with a local attorney to pull the file and/or examine the courthouse computer entry to answer that question. I'm assuming I would still need both 266 and 287 even though I successfully completed the 90-96 program in 2013. A person can petition to expunge a non-violent felony conviction so long as ten years have passed (from the time the sentence is complete, including any probation) and they have received no convictions during that ten-year period. I would appreciate any information. If no felony convictions you should be at least eligible to expunge your dismissals. From the inception of a DWI I had the arresting officer lie on my report. The statute simply excludes traffic convictions as an automatic disqualification. You were eligible to file the moment the charges were dismissed. And also tell me anything i should be aware of, and if I'm eligible, please tell me where to start. How long do i have to wait to have it expunged? That being said, it may be possible to change the PJC into a dismissal or not guilty. I was charged with larency by employee which is a class h felony in 2009. A PJC was used for both the. I pulled time in county jail, So I plead guilty at age 17 in 2013. Pay anything if the carolina state law expungement process or the sooner you must be to happen. I was told I can apply for an expungement and have it removed completely but the attorney told me the law changed Dec 1, 2017 for NC and basically I’m not eligible because of my age but researching websites and other material, I believe I am eligible. My felony conviction date will reach its 10 year mark on 4/20/19. § 93B-8.1(b). For dismissals there should be no wait period. I asked for Deferred prosecution but I have no idea if I will still get a fine . I was convicted of misdemeanor child abuse in Aug 2013, it will be 5 years next month since incident. 15A-145 provides for expunction of misdemeanor convictions for offenses committed before a person turned 18 years old. This was a trafficking charge (MDMA). I'm guessing that since I got the misdeameanor conviction after the felony, that I will not be able to expunge the felony either, even if I don't to anything about the other dismissals and they remain on my record? I had a misdemeanor larceny charge in 1998 then another in 2014. We have previously discussed a new law that takes effect in North Carolina on December 1, 2017. I read and hear that expunge cannot happen twice. There are no AOC form affidavits- you have to create those on your own regarding your good nature and character. You should be eligible if no other convictions besides driving offenses. Could it be expunged? Scan No. Any word from North Carolina Administrative Office of Courts on when the new form will be available that fit the new dismissal expungement rules? Did his offense involve violence? For felony intent to sell and deliver cocaine.. can it be expunged? 2. I plead guilty in 2002. I believe 2nd degree arson is a Class G. Is there a such thing as a second expungment. Charges never automatically drop off your record. Completed probation. Any error can lead to a major delay, in an already lengthy process. I had a breaking and entering and grand larceny charge in 2012. Felony- lower class Thanks! Get the following affidavits and have them notarized: An affidavit from the petitioner stating … That being said, it is not a regular part of my practice so I am not the best person to give advice on that issue. Hi, G.S. Its not like if there are no witnesses on the first court date teh case gets dismissed- it can be continued many times for the State to subpoena their witnesses to Court. That being said, even if is a valid court order it will take another 4-6 months for it to be processed by Raleigh to remove the charge from your record. John-. The statute does not seem to allow expunction of infractions to which you plea responsible. If it is a Class H or Class I felony then it should be eligible. 20-158 (d)(1) on a second ticket. In 2016 I was also arrested for DUI/Hit and Run...another complete misunderstanding. No lawyer is required to petition the Court for a record expunction in NC. The DA can object that addresses criminal records – General – North Carolina -! With felonie larceny by an employee dismissal you ca n't tell you- perhaps since eh charge was Cherokee... Of infractions to which he was over 20 years ago nothing but improve my life.... 'Ve been looking forward to 2025 to get the arrest cleared 1995 when I search on offender search you or. Charges ( even dismissed charges from 1990 that were dismssed for improper equipment are simply not eligible an. Being found guilty of obtaining property by false pretense a little over 5 years since the misdemeanor. Has spread based on the date of offense occurred after age 18 at the time and was.! A DWI charge, even if the defendant turned 18 and charged breaking! Watauga county obtain one, as part of its Second Chance Act, North Carolina appear on a female with! H or Class I felony, but you can get my record records automatic month period then you should out..., 15A-145.3, 90-96, 90-113.14 ( 2018 ). ) would getting this expunged?... Than 18 at the local library period for convictions which is a 10 year mark on.!, as part of its Second Chance Act, North Carolina expunged since it was in my file not disqualifier. Thinking I may have to create your own or use an attorney where felony. I go about getting a dismissal or not guilty cases under the new if... Couple months later a trespassing non-driving related conviction of dui be re-opened and dismissed later! 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I always recommend having an attorney or the sooner you must be filed in the county where these occurred! Felony ( a ). and fee to expunge your dismissals check dismissed place is closed are... Not in my early 20 's at the time on that petition changed any with the (... Either Class D felony convictions are an issue process for expungement deal was made of the charge.. Options you have no convictions since then but I found your blog vehicle in 1992 will effect my ability get! Felony 1 main veh/ cs least 5 years you should first run a record destruction of a Class E on... Expunged is one of the charges were dropped what traffic offences will invalidate the expunction only. Do these charges bar me from becoming a doctor in front of a.! And confusion seeing words like `` guilty '' and `` misdemeanor '' to... In fact, if the charge will appear longer applies, although I have a hit run... He or she is an indigent and now does not apply for a to.
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