North Carolina Adult Criminal Expunction Law
Under certain circumstances, an adult may be able to have their criminal record expunged. Expunction, sometimes called “expungement”, is the legal process by which the arrest or conviction of a person may be erased from the public record and from his/her criminal record. Expunction is not available in every case. In general, if qualified, you are entitled to only one expunction in your lifetime in North Carolina. When an expunction is granted by a Judge, the Court orders that all entries relating to the arrest, charge or trial be expunged from the records of the Court and all law enforcement agencies having records of the same. If an expunction is granted by the Court, then the arrest or conviction lawfully does not have to be disclosed by the person whose record was expunged. It is important to note that an expunction of the case information from the Court's records does not guarantee your case information will be expunged from other sources such as private companies who acquire copies of criminal records to sell to potential employers.
Expunctions available under North Carolina fall into three main categories: Expunctions based on age, expunctions based on dismissals or findings of not guilty, and expunctions of certain drug related offenses.
There are a number of statutory categories dealing with expunctions. Each statute has certain requirements and procedures which must be met in order to qualify for an expunction. Those categories are:
- Expunction of certain misdemeanor convictions for offenses committed before age 18 and 21. This statute also authorizes expunction of misdemeanor larceny convictions which occurred 15 years prior to filing a Petition for Expunction.
- Expunction of records for first offenders under the age of 18 at the time of conviction of certain gang related offenses.
- Expunction of records for first offenders not over 21 years of age at the time of the offense for certain drug offenses.
- Expunction of records for first offenders not over 21 years of age at the time of the offense for certain toxic vapors offenses.
- Expunction of records when charges are dismissed or there are findings of not guilty.
- Expunction of records when charges are dismissed or there are findings of not guilty as a result of identity theft.
- Expunction of DNA records when charges are dismissed or appeal or pardon of innocence is granted.
- Expunction of records when pardon of innocence is granted.
- Expunction of cyber-bullying.
This article is intended to provide general information about Expunctions. Contact the attorneys at Brinkley Walser for a free consultation to discuss the specific facts of your situation in order to determine whether or not you qualify for an Expunction under North Carolina law.
