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Can I get a misdemeanor class 1 expunged in North Carolina?

Greensboro, NC |

Over a year ago, I was convicted of misdemeanor class 1 - Obtaining Property Under False Pretense. Is there anyway I can get this expunged? I've never done anything before this and this blemish has pretty much ruined my life and I'd like to get rid of it.

Attorney Answers 2


Unless you were under the age of 18, I do not see a path to expunction in NC for your offense. There is a change in the law in this area beginning December 1, 2012. The change is potentially applicable to your conviction, BUT it will still have the horrendous 15 year (!!) waiting period. That part of the expunction statute used to be only for misdemeanor larceny convictions, but will now include many more non-violent felony and misdemeanor charges... We definitely need a serious updating to our expungement laws in NC, unfortunately I don't see that coming on strong in our current state political climate.

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Obtaining Property by False Pretenses is a Class H felony (if under $100k in loss). If the charge was reduced in a plea agreement, then it's possible that you pled guilty to a misdemeanor. But you should confirm that, if only because a felony conviction is treated differently than a misdemeanor. Mr. Berry is right - we need a serious updating of expungement laws. You must wait 15 years from the end of the punishment period - so if you were placed on probation, you'd need to start the clock at the time probation ended and wait 15 years. You need to not get any new criminal convictions during those 15 years. And then, assuming the law is still the same in 2027, you can potentially apply for an expungement at that point even if it's the Class H OPFP.

<a href="">Raleigh criminal lawyer</a> Damon Chetson represents people in Raleigh, Cary, Apex, and the rest of Wake County, North Carolina. The information provided here is for educational purposes only and should not be relied upon as the specific facts may change the potential advice. Consult with a licensed <a href="">Raleigh criminal lawyer</a> or attorney in your jurisdiction about your legal question or problem. For a free consultation about a North Carolina case, call (919) 352-9411 day or night, any day of the week.

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I was charged with a felony, but convicted of a misdemeanor. I just hate how on my background check it shows that I was charged with a felony. I didn't think t would be any mention of the felony charge, just what I was convicted of. I served 45 days in jail so I wouldn't have to deal with the probation.

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