INSTRUCTIONS FOR PETITION AND ORDER OF EXPUNCTION (NORTH CAROLINA)

Posted 12 months ago. Applies to North Carolina, 0 helpful votes

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1

COMPLETE THE PETITION, FORM AOC-CR-264

(1) When filling out the form, print clearly and use only black ink. (2) The form must be completed by the petitioner, a judge, the State Bureau of Investigation (SBI) and the Administrative Office of the Courts (AOC), then returned to the clerk of superior court. (3) You, or your attorney, must complete all offense information on Side One of the form. The information can be found in your court file. (4) Complete and sign the petition.

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COMPLETION OF PETITION BY OTHER AGENCIES

(1) Have the petition signed by the District Attorney, if filing under N.C.G.S. Sec. 15A-145(a). See below for required affidavits under this section. (2) Have the petition signed by a judge. (3) Forward the petition to the SBI. The SBI will complete the Criminal History and forward the petition to the AOC. (4) The AOC will complete the record and forward to the clerk of court. (5) The clerk will place the sealed envelope in the file pending a hearing.

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SCHEDULE THE PETITION FOR HEARING

It is the petitioner's responsibility to find out when the completed form has been returned to the clerk of court and to request a hearing. A $175.00 fee must be paid to the clerk prior to the hearing. Note: Unless the charge was dismissed by completion of a deferred prosecution, no fee is required for an expunction under N.C.G.S. Sec. 15A-146.

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WHAT HAPPENS IF AN ORDER OF EXPUNCTION IS ENTERED?

If you are successful at your expunction hearing, an order for expunction will be entered. The clerk will send certified copies of the order to the Division of Adult Correction, the Division of Motor Vehicles, the arresting agency and any other State or local government agency identified on the petition, and to the AOC. Note: Get a certified copy of the final order from the clerk. Once the file is expunged, there will no longer be a record of the case. Even the original order just entered will be destroyed.

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AFFIDAVITS REQUIRED FOR EXPUNCTIONS UNDER N.C.G.S. Sec. 15A-145(a)

(1) An affidavit by the petitioner that he has been of good behavior for the two-year period since the date of conviction of the misdemeanor in question and has not been convicted of any felony, or misdemeanor other than a traffic violation. (2) Verified affidavits of two persons who are not related to the petitioner or to each other by blood or marriage, that they know the character and reputation of the petitioner in the community in which he lives and that his character and reputation are good. (3) A statement that the petition is a motion in the cause in the case wherein the petitioner was convicted. (4) An affidavit by the petitioner that no restitution orders or civil judgments representing amounts ordered for restitution entered against him are outstanding.

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NUTS AND BOLTS

That's the nuts and bolts of preparing and filing a petition for expunction under N.C.G.S. Secs. 15A-145(a) and 15A-146.

Additional Resources

Amos & Amos, Attorneys at Law, PA

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