North Carolina Expungement Process
Expungement is the process in which a person convicted of a crime is eligible to have that charge removed from their record. Even after a case is dismissed, the charge will remain visible to future employers, customers, landlords, universities, and insurance agents. If not properly handled, this can
NC Expungement EligibilityExpungements vary from case to case, but you may be eligible for any of the following:
● Expungement of Juvenile Records
● Expungement of Juvenile Records for Dismissed Cases
● Expungement of Drug Offenses for Persons 21 and under
● Expungement for Cases of Identity Theft
● Expungement for Misdemeanor Possession of Alcohol (under 21)
● Expungement of Misdemeanors Committed before 18th birthday
● Expungement when charges are dismissed and there are findings of Not Guilty
● Expungement when a pardon of innocence is Granted by the governor
● Expungement for first offenders (21 and under) of certain drug paraphernalia charges
● Expungement of certain gang offenses (17 and under)
● Expungement of Non-Violent felonies committed under the age of 18
● Expungement of Older Non-Violent Misdemeanor and Felony Charges (5 year wait for certain misdemeanors and 10 year wait for certain felonies)
Step #1: Determining EligibilityVaries case to case, we will determine eligibility based off your court records.
Step #2: Filing the PetitionOnce determined eligible, we will file a petition for expungement in the clerk's office in the county where you were charged.
Step #3: Review by the State Bureau of Investigation (SBI)Following the initial signature from a judge or district attorney (if required) the petition will be sent to the SBI. They will conduct a search on your criminal history in NC and attach any additional records. Those additional records will be sent to the NC Administrative Office of the Courts (AOC). After reviewing the petition for prior expungements, the AOC attaches its findings and sends it back to the clerk's office in the county where the crime took place. This process is quite lengthy and can take multiple months.
Step #4: Final Judgement by the CourtOnce the petition is returned to the courthouse, a judge makes a final jurisdiction based on the information from the SBI and AOC. It’s up to the judges discretion if they want to grant expungement without a formal hearing. If there is any question about the subjects eligibility, or an objection from the District Attorney, then a formal hearing might be required. That final hearing will either grant or deny expungement.
Step #5: Removal of Expunged RecordsThe clerk of court is statutorily required to send notice of expunction to all relevant agencies that have information about your case.
North Carolina Expungement LawyersAt The Law Offices of Wiley Nickel we handle misdemeanor criminal charges and low level felony charges in Wake County. Our firm practice areas include: DWI/DUI’s, marijuana charges, assault, battery, larceny, theft, traffic tickets, and more. We strongly advise talking an attorney to discuss your possible options and to ensure your charges are handled in an appropriate manner. If you are looking for a Wake County Criminal Defense Lawyer Wiley Nickel, Kristi Haddock, or Melissa Botiglione at 919-585-1486 for a free consultation.