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Updated 8/11/2023
As part of the same initiative, House Bill 280, which goes into effect on December 1, 2019, raises the minimum age to be charged as an adult to age 18 for most non-violent offenses. North Carolina was one of the last holdouts that charged 16 year old children as adults for any and all criminal offenses- now that mainly applies to serious felony and driving offenses. New Expunction law changes in NC effective December 2021
New Expunction law changes in NC effective December 2017
NC Second Chance ActOn June 25, 2020 Governor Cooper signed State Bill 562, or the “Second Chance Act,” allows individuals with nonviolent criminal records to have multiple misdemeanor convictions expunged if it has been at least 7 years since their last conviction. The bill also provides for the automatic expunction of charges dismissed after December 1, 2021, although this apparently has been suspended due to the growing backlog. Be advised this change expanding expungement eligibility makes many of the blog responses to questions below outdated and incorrect. Make sure you always consult for an experienced attorney familiar with all the updated legislation for a specific analysis of your situation rather than rely on internet advice that may be flat wrong. How do you get your criminal record expunged in NC? A petition must be filed in the County Courthouse where the charge originated. There are about 20 different AOC forms that are available online when searching the word "expunction," and the new forms have now been released. Each form applies to a different statute subsection for NC expungement law. The different forms are based on the age of the petitioner, the nature of the charge, and the outcome of the case. How do you get a felony expunged in NC? A defendant is immediately eligible for both dismissals and not-guilty dispositions. If the charge resulted in a conviction the wait period depends on the age and charge. Felony convictions involving violence are often never eligible. How do you get a misdemeanor expunged in NC? A misdemeanor charge that has been dismissed or after a finding of not-guilty is immediately eligible. If the misdemeanor resulted in conviction the wait period varies based on the age of the defendant and the nature of the charge. Can larceny be expunged in NC? Under the new law, misdemeanor larceny convictions for those over age 18 at the time of the offense will be eligible after a 5 year wait period. If the defendant was under age 18 at the time of the offense the wait period remains at 2 years. There is no wait period for dismissals or findings of not-guilty. Can assault be expunged in NC?Charges involving violence such as assault can be expunged if the charge results in a dismissal or not guilty verdict. Assault convictions for those over age 18 on the date of offense are not eligible per statute. For those under age 18 on the date of offense there is an opening to remove misdemeanor assault convictions under G.S. 15A-145(a); however, the DA can object and the Judge will ultimately decide whether to sign the petition or not. Can a DUI be expunged in NC? A petition to expunge a DWI or DUI can be filed immediately upon a dismissal. The same is true if you win at trial and the verdict is not-guilty. DWI convictions are explicitly excluded from the definition of non-violent misdemeanor under § 15A-145.5(a)(8a) and hence are never eligible. Can drug charges be expunged in NC? Drug convictions can be expunged depending on the exact charge and age of the defendant at the time of the charge. 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. For straight dismissals or after successful completion of the 90-96 program there is no wait period. How long is a misdemeanor on your record in NC? Any criminal conviction will remain on your record indefinitely under the laws of North Carolina. This includes pending charges, convictions, Prayer for Judgment Continued PJC's, or even dismissals prior to December 2020. Be aware the new Second Chance Act will impact cases disposed after December 1, 2021. How long is a felony on your record in NC? Felony charges, just like misdemeanor charges stay on your record indefinitely in NC. This includes both convictions and dismissals prior to December 2020. Charges never automatically drop off a record after a certain number of years. That misconception likely has spread based on the laws from another state, but not North Carolina. How long does it take to get rid of a misdemeanor NC? The expunction process due to the backlog generally takes 9-12 months to finalize. That being said, the wait period is likely to grow now that more people will be eligible. How long does it take to get rid of a felony in NC? It can take up to 12 months to remove a charge from a criminal record in NC. Once again, the wait times have been growing as the new law allows more people to be eligible and more employers require a clean record. How can you get a felony removed from your record? Many nonviolent felony convictions that are either Class H or Class I will be eligible under the new law after a wait period of 10 years. For convictions that occur before the defendant turned 18 there is a minimum 4 year wait period. For certain felony drug convictions that occur before age 22 there is a one (1) year wait period. For dismissals there should be no wait period. Can infractions be expunged in NC?Infractions generally do not qualify per NC statute. That being said, if a Judge will sign the order then it will likely be processed in Raleigh. How many expungements can you get in NC?The new law makes a much needed change by allowing a person to erase an unlimited number of charges that have been dismissed no matter when they occurred as long as the individual has no felony convictions. How long do you have to wait to get a criminal record expunged? As stated above the wait period varies depending on the charge, the age of the defendant, and the nature of the charge. Can an expunged record be found? The answer is maybe. Senate Bill 445 does allow law enforcement and prosecutors access to criminal charge information that have been removed from a record. This is a change from the prior law. Private databases and internet mugshot websites may also keep otherwise destroyed data. What does it mean to have your record expunged?When a record is expunged the charge will be removed from your official State criminal record. Can law enforcement see an expunged record? Under the new law effective December 1, 2017 law enforcement will have access to newly expunged charges. Do arrests show up on a background check in NC? If you have been arrested then you likely have been charged unless the magistrate declined to find probable cause, which is very rare. Assuming you were charged, the charge will appear on your criminal record. What shows up in a background check for a job? For a North Carolina criminal record check any misdemeanor or felony charge will appear. This includes pending charges, dismissals, PJC’s, and convictions. Do pending charges show up in a background check? Yes, pending charges do appear on North Carolina criminal records. They are reflected as “pending charges.” Do dropped charges show on your background check?Yes, even dropped charges will appear on a North Carolina criminal record check. Dismissed charges should be reflected as "dismissed" or "dismissed after deferred prosecution" if you had to enter a program to obtain the dismissal. Be aware cases disposed after December 1, 2021 may be impacted by the Second Chance Act. Is a dismissed case on your record? Charges dismissed prior to December 2020 appear on North Carolina criminal records. Cases dismissed after December 1, 2021 may automatically be expunged per the Second Chance Act. What is dismissed with leave?Dismissed with leave in NC means the prosecutor the later revive the charge. For criminal cases there may even be an outstanding Order for Arrest in NC or Failure to Appear that revokes your driver's license for driving offenses. What is dismissed without leave?Dismissed without leave in NC means the case has been permanently dismissed and cannot be later revived. This of course is the preferred outcome for a defendant. How can I get my criminal record expunged for free?There is no fee to expunge straight dismissals, that did not involve deferred prosecution. There is also no fee to erase a not-guilty verdict. There is a modest filing fee for convictions which is usually $175 or less depending on the charge. How can I expunge my record without a lawyer? No lawyer is required to petition the Court for a record expunction in NC. That being said you have to choose the best statute to proceed under, choose the correct AOC form, fill it out correctly, and likely attend Court at least once and maybe twice. Any error can lead to a major delay, in an already lengthy process. Does your criminal record clear after 7 years? No, under NC law there is no automatic removal of convictions or PJC's. This myth may originate from laws in other states, but does not apply in North Carolina. Do expunged records show up on background checks?Although an expunction should remove the charge from your official State record there are private databases that may still retain data even for expunged records. There are websites that screen capture mugshots and create a page on the internet with your face enlarged. They offer to take down the page for a “modest” fee, but most of these sites do have disclaimers the fee is waived if you provide a certified expungement order. It would be prudent to do a internet search of yourself after any expunction is finalized to verify no old arrest pages exist online that were overlooked by the State or that are still cached by Google. How long does expungement take in NC? The process from start to finish generally takes 9-12 months. First the Judge has to sign the initial request which is sent to the State Bureau of Investigations in Raleigh. The State Bureau of Investigation "SBI" will review your petition for about 3 months and decide whether you are eligible based on the applicable statute. The petition is then sent back to the county where it was filed. The local Court then usually places the matter on in front of a Judge which can take another 3 months on average. Once signed your local county may immediately destroy the file held at the Courthouse. Then the finalized petition is sent back to Raleigh where is sits on their growing stack of petitions to be processed where it can take another 6 months before the process is complete. How much is it to get your criminal record expunged in NC? Fees vary based on the outcome of the case. Dismissals are free to file. Not-guilty outcomes also have no charge. Convictions fees vary from $0 to $175 depending on the statute that applies. Where do you file for record expungement in NC?A petition must be filed in the County and State where the charge originated. Each state has unique expunction laws. For charges that originated in Mecklenburg County, North Carolina the petition must be filed in Charlotte. For charges that originated in Union County, North Carolina the petition must be filed in Monroe. For charges that occurred in Georgia the petition must be filed in Georgia, even if your probation was later moved to North Carolina. Do I have any options if I don't qualify for expungement?
* Expunction laws in NC have been amended and some of the comments/responses below are outdated.
553 Comments
patricia divico
8/17/2017 02:28:59 pm
expungement of dui in North carolina
Jason Witt
8/17/2017 04:34:25 pm
If the impaired driving offense was dismissed or there was a finding of not guilty you should be eligible. DUI convictions are simply not eligible per statute.
Brian Clne
12/6/2017 10:23:39 am
I really need it.
Diane
6/16/2019 08:21:47 pm
Hi Jason. I had a DWI conviction over 30 years ago, and I find it a bit absurd that these offenses should stay with someone for their lifetime since much more serious offenses are available for expungement. I am trying to pull together information and put together a letter for the governor about this issue. One thing I have to say about this offense is that the justice system treats people charged of this in a very harsh manner that is not necessary. From the inception of a DWI I had the arresting officer lie on my report. The nastiness continued throughout the process, and I find this inexcusable. I watched an NC murder trial, and the defendant who stabbed his wife 123 times got more respect from the judge than I received. I believe it this is an non-expungable offense it needs to be placed up there right with major felonies as it is one of few that is a lifelong sentence. If this offense if beyond all redemption than all people who get charged with this one time and one time only need to be charged a felons with no hope of ever excusing one mistake. The problem with this being on anyone's records is that it affects employment opportunities among other issues.
Jim Z
10/3/2019 08:32:29 am
I am a mass. Resident who has a failure to appear, dui & suspension of license in cumberland county from 28 years ago. It now has suspended my mass. License. I am now disabled, and can't travel to appear there in court. Can I get these charges expunged, and what form do I use to expunge these charges? Where do I get the form?.
Jason Witt
10/3/2019 08:36:44 am
You can't expunge a charge until it has been handled. If you have FTA's then you should hire an attorney to have those FTA's removed- doing so on your own from another state will be difficult to impossible.
Tehodore
6/7/2020 10:08:46 am
50 years ago I was convicted of arson and auto theft I don't remember the class of the charges. I was 17 at the time turning 18 although I was found guilty, to this date I claim my innocent to these crimes.Can my record be expunged. Other than a traffic ticket 45 years ago I have nothing on my record.
Jason Witt
6/7/2020 12:28:12 pm
Only lower level Class H and Class I convictions are eligible. I believe 2nd degree arson is a Class G.
Ashley Kendall
11/2/2017 09:45:29 am
Is there a such thing as a second expungment
Jason Witt
11/2/2017 01:08:03 pm
Under the new law multiple dismissals are certainly eligible. Multiple convictions can be problematic.
I pled guilty on1/03/2008 to the following:
Jason Witt
12/11/2017 06:53:49 pm
The 10 year wait period for felonies does not begin until the probation period is completed.
Anonymous
12/20/2017 11:04:01 pm
How would I go about getting a 14.00 bad check dismissed place is closed parents are dead no witnesses
Jason Witt
12/20/2017 11:31:57 pm
You would need to convince a DA and Judge to sign off on a MAR or Motion for Appropriate Relief that strikes your conviction and reopens the case.You almost certainly need a local attorney if you want a good chance of success.
Anonymous
12/20/2017 11:55:29 pm
So a minor misdemeanor I would not qualify to rid of a non violent felony charge I'm talking years
Anonymous
12/21/2017 12:20:35 am
Trying to decide if it's worth getting bullied or fighting this issue. . As soon as I go through traffic stops automatc search .. treated like crap harassed over a non violent felony charge what are the chances of success don't drink don't do drugs they use the you look suspicious game on me maybe I should just get a bumper sticker that says. " felon on board .. causes no trouble not perfect lolol
Jason Witt
12/21/2017 08:31:11 am
Multiple convictions from different incidents is usually a problem in expunction. Did you talk to someone about the MAR on the old bad check conviction?
anyoumous
12/21/2017 09:35:59 am
they said i am qualified for the possession to get expunged ,,,,,,, the 30 year old misdomeaner for the 14.00 check i dont care about what should i do??
Jason Witt
12/21/2017 12:33:52 pm
You probably have to get the old misdemeanor conviction reopened and dismissed before you are eligible to expunge the felony conviction. Talk to a local attorney to find out what judges in that county will sign or not sign.
anyomous
12/26/2017 10:00:29 am
So with your Witt law pa attorneys do they do help with expungements? and that MAR thing? you were talking about i called A DA made me feel like a mouse with a flashlight ready to stomp me when i called to speak to A DA
Anyomous
12/26/2017 10:05:18 am
It really sux being in my late 50's not healthy and being treated like crap by these cops over a a almost 20 year old poss charge,,,
Jason Witt
12/26/2017 11:25:03 am
What county are these charges from?
Anonymous
12/26/2017 08:10:29 pm
The bad check was in 1988 meck county which I went to the pd and paid... the poss charge was in cabbarus 2000 ...
Jason Witt
12/27/2017 09:44:12 am
I only handle Union and Mecklenburg County, but give me a call to discuss...
How many changes can you expunged at one time
1/12/2018 05:05:40 pm
How many changers can you get expunged at one time
Jason Witt
1/12/2018 06:12:30 pm
It really depends. You could potentially expunge an unlimited number of dismissals at one time if they were all from the same county.
Jeffery house
1/17/2018 10:31:18 pm
Does this method clear out the arrest records I been charged with things that got dismissed and dropped to lesser charges do I file for those too
Jason Witt
1/18/2018 10:44:26 am
You should first run a record to verify what is listed and make sure you include every charge you are eligible to remove.
Byron Harris
3/7/2018 07:53:22 pm
I am a two-time felony from 91 + 93 can this record be sealed
Jason Witt
3/8/2018 01:34:15 pm
I do not have any specific advice on sealing records other than to contact a local attorney to explore your options.
Adam
4/7/2018 07:08:33 pm
I have a hit and run misdemeanor on my record. I bumped a vehicle there was no damage and took off someone reported it. I paid a fine and that was it in 2008 can I get it expunged ??
Jason Witt
4/8/2018 11:11:22 am
If that is your only conviction you should be eligible.
Rennshaad
7/16/2018 01:03:00 pm
Hello, I have a POSSESS WITS SCHEDULE II (PRINCIPAL) Class H Felony from 1992. I also have a misdemeanor assault charge before the felony charge. I hired an attorney and paid $1000 for an expunged record.. All I was told was that I didnt qualify which makes no sense considering how old I was the time and how long it has been. Do I qualify? I dont want to spend another $1000 to be told no again.
Jason Witt
7/16/2018 01:57:20 pm
Convictions for assault are not eligible if they occurred after age 18. To expunge a felony conviction you can't have any other convictions. (ie- your misdemeanor assault).
Margaret Fisher
9/24/2018 10:42:26 am
My mother got a felony for arson when I was nine years old (29 years ago). Although she was convicted and the felony is on her record, she had just suffered a nearly fatal brain aneurysm and her husband had just divorced her. The judge felt those combination of events made her not fully in her right mind and so only sentenced her to probation. She's never had any other offense (other than a traffic ticket) but understandably it's made getting a better job very hard as most employers will take one look at the felony and what it was for and won't give her a chance to explain the circumstances and why she's not dangerous. Would she be a candidate for getting it expunged from her record?
Jason Witt
9/24/2018 11:23:23 am
Arson is a serious felony under NC law- either Class D or G depending on the facts of the case. Only lower level Class H and Class I felony convictions are eligible per statute. That being said- you could seek an attorney in the county where the charge occurred about reopening the case or consider contacting the Governor for a pardon.
CT
1/28/2019 10:56:59 am
will expunging my non violent felony allow me to buy/own firearms legally again?
Jason Witt
1/28/2019 11:22:14 am
Firearm rights are not in my field of expertise.
A deserve an expunction
1/25/2022 11:42:28 am
It is unbelievable to me that the Felony expungements are only for Class H & I felonies. I was given a Class G felony for selling 5 Oxycodone over 10 years ago and there are people that are "career Criminals" only have H & I felonies....tell me how they're more deserving of an expunction than me? Every situation is unique and should be considered on a case by case basis...NOT only H & I felonies.
Jason Witt
1/25/2022 01:12:53 pm
Up until rather recently no felony convictions were eligible for expunction. Every few years they expand the eligibility so keep an eye out for future amendments to the law.
Chris vestal
4/21/2022 09:17:23 pm
I got two felony BE and one mis when I was 16 I’m 38 now can I get then Expunged
Jason Witt
4/24/2022 10:26:28 pm
It may be possible if you were under 18. What county are these charges from?
Justin
9/1/2017 01:02:44 am
I was 21 whenever I was charged with felony larceny by employee. It was reduced to a misdemeanor larceny and a PJC was granted. I was 21 at the time of the charge and it's been over 5 years since disposition in court. Am I eligible to get this expunged from my record?
Jason Witt
9/1/2017 10:33:41 am
A PJC is treated just like a conviction for expunction purposes. On the facts provided it sounds like you would be eligible under the new law that becomes effective December 1, 2017.
Vanessa Wilson
9/1/2017 05:46:06 pm
I was charged with assault and battery in 2008 ( which has kept me from getting hired from several jobs)but under the new law I won't have to wait the 15 years to have it expunged from my record..correct?
Jason Witt
9/4/2017 05:42:43 pm
Convictions involving violence that occur after 18 are not eligible. If your charge does not involve violence then you may be eligible after a 5 year wait period when the new law becomes effective December 1, 2017.
Will
3/21/2018 01:01:10 am
What if i plead guilty to a lesser charge(Assault on a Female) but there was no violence involved when the crime was committed?
Jason Witt
3/21/2018 07:36:02 am
Assault is a violent offense under NC law.
Natalie
9/16/2017 01:34:10 am
I was charged with Class H Felony Identity theft in 2001. Before that I had a charge of worthless check and paid the 90 to the clerk of court before the court date. Would I still be eligible for expungement despite that worthless check?
Jason Witt
9/16/2017 12:21:02 pm
One of the requirements to expunge a felony conviction is to have no other convictions other than traffic violations. If the worthless check resulted in a conviction that likely is a problem.
tasha
10/5/2017 11:35:40 pm
Good information. Thanks
Jonathan
9/19/2017 08:48:20 am
I received a misdemeanor larceny charge and completed a first offenders program and received a differed dismissal. I also received an underage drinking ticket but it was dismissed by the DA on account that I blew a .01 due to my medication. Am I eligible for expungment?
Jason Witt
9/19/2017 10:19:06 am
If both charges were dismissed and occurred within the same 12 month period then you should be eligible to file right now. Otherwise you would likely have to wait until December 1, 2017 to erase both charges.
Qadir Sanders
9/20/2017 02:29:53 am
My husband desperately want to join the military. He has a misdemeanor assault that occurred in 2010; and to which he was over 18 years of age when it happened. He received a PJC from the courts as a result; which from my understanding is still considered a guilty plea or something similar to a guilty verdict because it shows up on his record. At the time of incident, my husband completed all if his probation successfully and completed an anger management program that was suggested by his court appointed attorney at the time, but was not mandated. And he had not been arrested since. Would his record be eligible for expungement?
Jason Witt
9/20/2017 07:58:15 am
Convictions involving violence are not eligible. That being said, it may be possible to change the PJC into a dismissal or not guilty. What county is this charge from?
Wayne Williams
1/17/2019 11:07:04 am
Same scenario but i had no lawyer present and i took a guilty plea yet i went through the same as the man in the above post. Am i able to reopen that case and get it dismissed in Wayne County NC? My charge was in 2005. My wife didn't press charges and stood with me in court.
Jason Witt
1/17/2019 01:32:25 pm
You would need to reach out to someone in Wayne county to determine if that is a realistic option.
Tea
9/21/2017 03:30:06 pm
I have a dismissal on my record and eligible for expungement just found out there is no charge /fee for expungement of dismissals. I'm thinking I may can file on my own, should I hire an attorney for this situation?
Jason Witt
9/21/2017 03:34:36 pm
You are certainly allowed to represent yourself, but be aware if you do something incorrect you could certainly delay the process many months. Bottom line is make sure you understand what you are filing before you file anything with the Court.
Terri Allen
11/4/2017 12:18:09 pm
The courts clerk's make it very hard to,find yourself. Any question about the forms their answer is I can not give you legal advice. Its their forms..... I don't see that as legal advice . why do they make it difficult
Jason Witt
11/4/2017 12:30:16 pm
There is a very thin line between giving advice on how to fill out forms to be filed with the court and providing legal advice. Many "forms" or motions filed with the court impact the life and liberty of criminal defendants and children in custody cases.
Stephanie A Edmundson
12/6/2017 09:43:24 pm
I have a misdemeanor charge for disorderly conduct is there any way that i can have that removed from my record it is keeping me from getting a job promotion at work
Jason Witt
12/7/2017 02:25:43 pm
How long ago were you convicted of disorderly conduct? Do you have any other convictions besides driving offenses?
Charles Victor Morris Jr.
9/21/2017 06:51:39 pm
So what's this new law is there a way got a person with a violent crime that has served his time will he be able to get his record expunged I hear a lot of talk about people getting their records expunged but it also talks about non-violent crimes. Is there a way that a person with a violent crime that is over 17 years old can that person have his record expunged.
Jason Witt
9/21/2017 07:12:33 pm
Convictions in NC involving violence that occur after age 18 generally are not eligible That being said you can always contact a local attorney to see if there is any way to reopen the case and get a dismissal.
PHILLIP DEMONBREUN
9/21/2017 10:49:11 pm
I was charged and convicted of FELONY EVADE AND ELUDE (class H) in 2012. I am a resident of Tennessee, i was serving in the Marine Corps at the time. Will I be eligible at any point to have the FELONY expunged? thank you.
Jason Witt
9/21/2017 11:09:48 pm
The new law reduces the wait period to expunge Class H and Class I felonies from 15 years to 10 years after probation is complete. You should be eligible if no other convictions of any kind other than traffic offenses.
Mecca
9/22/2017 08:54:20 am
I was charged with breaking or entering, assault with serious bodily injury in 2011. The charges were dismissed. Can i get this expunged because it was dismissed but it still shows up.
Jason Witt
9/22/2017 09:02:34 am
Dismissed charges are always eligible if you have never had a prior expunction. There is no court filing fee unless the charges were dismissed pursuant to deferred prosecution.
Ashley
9/22/2017 10:59:58 am
I got a few charges back in January of 2015. Completed probation. After i completed that, i was eligible for an expungement. Paid what i owed for that. I believe it took a year to process. I recieved a petiton/order of expungement in the mail. Does this mean it is expunged completely?
Jason Witt
9/22/2017 11:10:31 am
I would not be able to comment on paperwork without seeing it. 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. I would recommend running a criminal record at that time to verify the charge is removed.
David
9/25/2017 11:02:43 pm
Any word from North Carolina Administrative Office of Courts on when the new form will be available that fit the new dismissal expungement rules? I wouldn't want to file the form that is currently available on their website as asks if you have previously expunged using NC-146 statute, as I have previously.
Jason Witt
9/26/2017 10:35:04 am
I have no inside information when new forms will be released. That being said, the new law does not go into effect until December 1, 2017 and the new forms likely will say not to be used before that date or they may just release them right before that date. 9/26/2017 06:46:42 pm
Have a drug charge was falsly convicted with 200 more case wasnt by dtate but by one officer and son. Well got convicted with no fair trial sentenced to 10yrs in prison got out in 2yrs on probation for 2yrs intensive.everything over 15yrs done in process was in prison for 6mths 4yrs after for speeding and no license which was still part of the feliny drug charge in 90 also was charged with aditional drug charge some how while was doing 6mths behind bars was no where near place but its on my record in 94 so how do i.get these.charges expunged in state of north carolina ???
Jason Witt
9/26/2017 07:08:07 pm
Only lower level Class H and Class I felony convictions are eligible for expunction in NC. If you were sentenced to 10 years in prison then it sounds like these were more serious felonies that would not be eligible. That being said, I would recommend contacting an attorney in the county where these charge originated to see if you have any options.
waters
9/27/2017 01:06:16 pm
Can a person get an expungement if they have done what was ask of them from death by car? they need job to take care of family.
Jason Witt
9/27/2017 01:12:13 pm
Would need way more information to answer that question.
Harold
9/29/2017 10:32:30 am
If I have used an expulsion on a non violent offense when I was a minor would I still be able to get charges dismissed without leave to be expunged? I believe it was pjc or 90 96 or a similar program. Official court records say dismissed without leave but there is still a notation of conviction
Jason Witt
9/29/2017 11:58:25 am
I am not sure what you are asking. Are you asking can you get a 2nd expunction or are you asking if you can get a case dismissed?
Shannon
9/29/2017 08:14:40 pm
I was charged with larency by employee which is a class h felony in 2009. I was wondering if I would be able to receive and expungement i never been in trouble before.
Jason Witt
9/30/2017 02:12:05 pm
Class H should qualify after a 10 year wait period under the new law. That being said, it is important to realize the 10 year period does not begin to run until after any probation period is over.
LT
9/30/2017 09:02:30 am
I made a mistake in 2007 driving with 3 beers in me - I was .08. I got a certificate of relief. It seems so unfair that this can't be forgiven with an expungement. I caused no accident, I never had any arrest prior or since. Larceny, prostitution, drugs can clear their names but a one time .08 mistake can't?!
Jason Witt
9/30/2017 02:09:39 pm
DWI convictions have never been eligible for expunction. I suspect the rationale is DWI convictions should always be considered by the DMV.
LT
10/9/2017 07:16:07 am
The rationale seems odd and incongruent with a 7 year look back period. If, at the end of the day, at 7 years you are back to a first offense, then there seems to be no rationale to not allow you forgiveness for a 1 time mistake that resets to 0 anyway from a court perspective after 7 years. I'm just venting - realize nothing you can do about it.
Jason Witt
10/9/2017 08:48:37 am
DWI's within the prior 7 years are a grossly aggravating factor. Older DWI's can still be considered by the court as a regular aggravating factor.
Roger
10/2/2017 12:55:39 am
I don't understand the logic behind making it impossible for one to expunge a DWI, especially in the circumstances of it happening under the age of 21 (example, age 19) - especially when many years has passed by (15 years for example). Hopefully this broken statute is fixed soon to allow for expungement of such an offense!
Jason Witt
10/2/2017 08:50:47 am
I doubt changes will be made anytime soon to allow removal of DWI convictions from a record. The DMV wants to be able to track this for all time, and judges can consider DWI convictions no matter how old in sentencing for new impaired driving offenses.. If you want to push for a change, you may want to contact your local representative as the NC legislature has been expanding expunction laws the last few years.
Jasmine Mazyck
10/4/2017 12:52:22 am
I got a Misdemeanor Larceny when I was 28 back 2015... Can it be expunged now and how if so how much will it cost?
Jason Witt
10/4/2017 10:15:21 am
The new law has a 5 year wait period assuming you have no other convictions. Did you not have a lawyer originally on this case? Often that type of charge can be dismissed with community service or taking a class. It may be possible to go back and re-open the case to get a better outcome.
Katy Parks
1/27/2018 12:26:59 pm
I have a misdemeanor larceny in 2014 and a couple months later a trespassing. No other trouble ever. Can I get an expungement on the larceny? I’ve gone from Manager to welfare because of this.
Jason Witt
1/27/2018 04:37:31 pm
1. Were they both convictions?
Yolanda Williams
10/6/2017 01:17:42 pm
I got a misdemeanor possession of marijuana charge less than a quarter abt 4grams in 2007 Mecklenburg Cty & took a class I was 33 ... then 2012 got another one in Rowan cty I was 37 it was less than a gram am I able to get these removed if so how much do you charge for the process please help desperate
Jason Witt
10/6/2017 01:50:21 pm
Were both cases ultimately dismissed?
yolanda
10/16/2017 09:28:07 pm
The first one was when I took the class I think the other was I had to pay a fine
Jason Witt
10/17/2017 11:41:19 am
Would need to know the exact outcome for each case?
Patty Locklear
10/7/2017 12:10:10 am
If I wasn't a minor can you get a Drug charge expunged even tho it's been almost 20 some odds years and never had any more charges of any sort at all
Jason Witt
10/7/2017 11:16:19 am
You should be eligible if it was a misdemeanor or low level felony. 10/9/2017 02:01:03 pm
In 2015 I got a dwi that was vd by the court and looks like it could be expunged. I also received an infraction for failing to maintain lane control that was also dismissed. Can the infraction charge be expunged along with the dwi?
Jason Witt
10/9/2017 02:39:21 pm
I have never heard of someone trying to expunge an infraction. The statute (see below) speaks to misdemeanors and felonies only. That being said, you could always list the extra charge and see if a Judge will sign off on it. My understanding is that as long as a Judge will sign it then it will go through. Be aware if rejected it could certainly slow down the process.
Sally Bell
11/11/2017 09:54:36 am
There is the dwi (bac .06) and and g.s. 20-146 (d)(1) on one ticket and g.s. 20-158 (d)(1) on a second ticket. Both tickets have the same date of disposition (and occurrence). If rejected, where in the process would this most likely occur?
Jason Witt
11/11/2017 11:50:41 am
Ultimate rejection occurs when the Judge refuses to sign off on the Order.
DL
10/10/2017 09:01:57 am
In 2001, I was convicted of felony embezzlement. In 2008, I was convicted, again, of felony embezzlement because of the point system and my attorney wouldn't fight the charge (it was a matter of he said she said and not being able to spend company money for company business that I was never informed of or in my contract). Then, in 2010, I was convicted of felony possession of a firearm by convicted felon. The guns were in a safe that I didn't have access to and in the back of a closet behind a dresser that was behind a locked door. Because I was living in the house, and on probation from the 2010 conviction, a big deal was made of the situation. Is there anyway to get the first felony expunged and then the second reopened and either reduced to a misdemeanor or dismissed due to circumstances and then third reopened and dismissed because of the outcome of the second?
Jason Witt
10/10/2017 09:08:43 am
The first felony would not be eligible due to subsequent convictions.
Philips
10/10/2017 02:45:10 pm
I was charged for misdemeanor speeding, but later reduced to an infraction in the court. Is my case consided dismissed and eligible for an immediate expungement? Or is it still a conviction and I need to wait for 5 years?
Jason Witt
10/10/2017 03:02:11 pm
Never had someone try and expunge a speeding charge before, mainly because under the old law you were only granted 1 per lifetime and nobody would dare waste it on a speeding ticket.
Philips
10/10/2017 03:52:07 pm
But is this reduced charge considered as a dismissal? If so, then I can get multiple expungements after Dec, right?
Jason Witt
10/10/2017 04:00:33 pm
The statute does not seem to allow expunction of infractions to which you plea responsible. Only misdemeanors and felonies are eligible is my understanding.
Terri Allen
11/4/2017 12:23:15 pm
What does sbi stand for ?
Jason Witt
11/4/2017 05:47:19 pm
State Bureau of Investigation. The NC SBI is based in Raleigh.
Randall
10/11/2017 10:49:27 pm
Got a misdemeanor Larceny when I was 16. That got expunged.
Jason Witt
10/11/2017 11:26:47 pm
I believe you would be eligible in December to file to erase the 2016 charge that was dismissed. Hopefully you can get the 2017 charge dismissed soon so you can include both in the same petition.
CMM
10/13/2017 01:33:07 am
I received a PJC for embezzlement 22 years ago. Would this type of case be eligible for expungement? If yes, should I begin the process now with an attorney or wait until after December 1.
Jason Witt
10/13/2017 08:49:44 am
What class felony of embezzlement?
DB
10/14/2017 05:26:33 pm
What would you say about this one? Charged with two counts of involuntary manslaughter but found guilty at trial to two counts misdemeanor death by motor vehicle. Said person was seventeen at the time of offense and trial ended with conviction while person was twenty years old. This individual has had no other interactions with the law and completed all probational conditions with no infractions. Also at the time of conviction misdemeanor death by motor vehicle had recently been changed to a class A1 misdemeanor; the judge made the teo misdemeanor convictions retroactive to the previous class 1 status to coincide with the date of the offense. Any advice?
Jason Witt
10/14/2017 06:01:32 pm
Class A1 convictions are not eligible, but if this person was sentenced under a Class 1 then it would seem to meet the definition of a non-violent misdemeanor. It does appear as though if you proceed under 15A-145.5 both the DA and victim can object- this could certainly cause a problem if families are in court crying that their loved one is dead and can’t object.
Eric Hagstrom
10/17/2017 04:05:08 pm
My son was charged with a dwi when he was 21 ( was driving home from work at food lion and hit a check point where they said they smelled pot) he went to college and the case was continued for 3 years , he hired a lawyer but was convicted in 2014 . Now he is applying for jobs and has a clean record since but the charge is hindering his search . Are there any options whatsoever? Seems like it would be counter productive to keep a college grad from employment for such a thing?
Jason Witt
10/17/2017 05:01:41 pm
DWI convictions are explicitly not eligible for expunction per NC statute §15A-145.5 under subsection.8(a).
Shana Alexander
10/18/2017 11:50:33 am
Is trafficking by transport able to be expunged?
Jason Witt
10/18/2017 03:02:14 pm
You would need to determine exactly what Class felony of which you were convicted . Only lower level Class H and Class I and convictions are eligible.
Shana Alexander
9/4/2018 08:13:11 pm
It's a Class F
Jason Witt
9/4/2018 08:18:10 pm
Class F is considered a serious felony and convictions are not eligible for expunction.
M Johnson
10/19/2017 04:01:03 am
I was charged with simple affrary one year ago. All charges were dismissed. Would I be elegible for expungement of this dismissed charge?
Jason Witt
10/19/2017 10:39:02 am
First time dismissals were eligible even under the old law. Under the new law there are no restrictions for dismissals.
Duane
10/19/2017 08:20:48 am
In 1996 I was 24 And was found guilty of felony possession of marijuana. In 2004 I was found guilty of obtaining property by false pretense. Can I get these expunged?
Jason Witt
10/19/2017 10:40:38 am
Multiple felony convictions in different years are usually a problem. Talk to a local attorney about the possibility of reopening one of those cases and getting a dismissal.
Brittany
10/22/2017 10:11:32 am
I was convicted in 2011 of involuntary manslaughter. Will I be able to ever get it expunged?
Jason Witt
10/22/2017 12:24:40 pm
Involuntary manslaughter is Class F felony under NCGS 14-18 and therefore not eligible. Only lower level felony convictions are eligible.
Tim
10/23/2017 01:41:58 pm
I received a class I felony for NC tax evasion in 2001 for three years of returns. Three charges were consolidated to one for sentencing. Three years probation were completed. In 2007, I received a ticket for undersized fish, which I paid a fine, which was a misdemeanor. Do I qualify?
Jason Witt
10/23/2017 02:16:58 pm
I believe you are going to need to hire a lawyer to file a MAR or Motion for Appropriate Relief to get the fish ticket reopened and dismissed before you are eligible to remove any charges from your record.
Joe
10/23/2017 05:29:57 pm
Hi I was convicted of possession of stolen goods and then one year later I was convicted of felony breaking in entering this happen 35 years ago after I was 18 can I get two separate class H convictions expunged with this new law thanks
Jason Witt
10/23/2017 05:43:59 pm
Multiple unrelated felony convictions are usually not eligible, but you should consult with a local attorney about other options such as a MAR on one of the charges.
Jon
10/26/2017 12:44:23 am
I was charged with the possession of paraphernalia with the intended usage of injecting marijuana into the body and trespassing into a public park at night. My court appearance will take place on December. I was wondering how bad my situation is. This is also my very first offense. Should I also hire an attorney?
Jason Witt
10/26/2017 09:56:56 am
I would certainly recommend hiring an attorney. If you can't afford one you can ask for a public defender.
Tiara
10/27/2017 08:13:58 am
Hi I was charged with larceny and shoplifting in 2012 I plead guilty to both charges and did probation would I be eligible ? Also I have a charge in 2014 for disorderly conduct will I be eligible to get this expunged?
Jason Witt
10/27/2017 09:43:15 am
Did you plead guilty to disorderly conduct in 2014?
Tiara
10/27/2017 11:30:22 am
Can't remember , but what if I did plead guilty ?
Jason Witt
10/27/2017 11:40:57 am
Multiple convictions from different years is a problem. You would need to go back and reopen the 2014 conviction (assuming it was a conviction) and have it dismissed.
brandy miller
10/29/2017 04:16:28 pm
my husband got a felony lerceny charge in 2008 and done his time and has not got into trouble since but he cant get any good jobs because of this
Jason Witt
10/29/2017 04:23:16 pm
Assuming no other prior convictions he should be eligible to file for expunction 10 years after any probation period was completed. At this point he should speak with an attorney in the county where the charge originated to determine if and when he is eligible to clear his record.
Jesse
10/29/2017 09:00:51 pm
Thank you for the Q/A opportunity,
Jason Witt
10/29/2017 09:24:43 pm
All those convictions are a problem. You need to speak with a local attorney about trying to reopen those misdemeanor convictions to have them dismissed.
Anna
10/30/2017 02:52:12 pm
I have 5 misdemeanor charges ranging from 2005 - 2016. All were dismissed. I am reading up on the expungement process, as these are keeping me from finding employment in my field. However, I am finding that you cannot have multiple dismissals expunged unless they are within 12 months of each other (none of mine are). Does this mean that I simply have to file a separate form for each rather than putting them all on the same form or do I just have to pick one until the new forms are out and the new law goes into effect?
Jason Witt
10/30/2017 03:26:11 pm
Would be easiest to just wait until December 1 so you can include all five on the same petition assuming they were all from the same county.
Chris Futrell
10/30/2017 09:05:28 pm
I have a simple assault and damage to personal property charge.(2007) Will I be able to get that expunged? I was 18.
Jason Witt
10/30/2017 10:08:52 pm
Convictions involving violence such as assault are not eligible.
Marie Moseley
4/9/2018 10:36:20 pm
What if it were the exact same charges, onlly you were 16? Asking for a gal trying to get in nursing school 17 years later.
Jason Witt
4/9/2018 11:11:25 pm
If the offense of assault was before the person turned 18 they have an opening under G.S. 15A-145(a). That being said, the DA can object and ultimately the Judge decides.
James
11/2/2017 02:30:46 pm
Is it difficult to have a case reopened and then dismissed by the DA? I was told you would probably need clear evidence of innocence to do that.
Jason Witt
11/2/2017 04:55:12 pm
Mainly depends on the severity of the charge such as minor misdemeanor (ie- shoplifting or simple possession of marijuana) vs. felony. Usually you need the consent of the DA to reopen a case so mostly it depends on if they care about the charge or not.
Chance Herman
11/2/2017 06:03:36 pm
I have three posses marijuana charges and two drug paraphernalia charges. Also a Felony B&E. Every one of the charges ended in a voluntary dismissal. They occurred from 07-2010. Are there any fees when filing as I would like to do all the paperwork myself.
Jason Witt
11/2/2017 07:02:09 pm
There should not be any court filing fee unless they were dismissed pursuant to some deferred prosecution program such as the 90-96 program.
Kisha Hankston
8/31/2018 03:04:29 am
I have 2 simple assault cases that where dismissed can I have these expunged?
Jason Witt
8/31/2018 07:58:48 am
You should be eligible as long as you have no felony convictions.
Rosa
11/3/2017 02:26:37 am
This was my charges
Jason Witt
11/3/2017 07:31:28 am
Class H convictions are eligible under the right conditions. You should reach out to an attorney in the county where the charge originated to verify whether you qualify..
DS
11/3/2017 10:05:48 am
In 2001 I made a stupid mistake at 16. I was convicted for common law robbery (Class G felony). I’ve did everything the court required of me and was even released early from my probation for good behavior and co operation in 2003. I’ve done nothing but improve my life since. No other convictions since. Is there any possibilities to work out something? Whether a pardon, sealing, or expungement of my record? Any other steps to make to help with my future and career? I’ve hit a wall in my career because of this delinquent mistake. Willing to try anything
Jason Witt
11/3/2017 06:37:56 pm
I don't have any advice for a Class G conviction other than to talk to an attorney in the county where the charge originated to see if anything can be done such as a Motion for Appropriate Relief to reopen the case and get a better outcome.
Sabrina
11/3/2017 05:06:35 pm
I have two different charges misdemeanor larceny and employment benefit fraud. Both convictions in 2003. I was told I couldn't get it sealed or espunged bc is two convictions is that true?
Jason Witt
11/3/2017 06:33:30 pm
Were they two separate convictions from different incidents?
Terri Allen
11/4/2017 12:36:04 pm
Ty for answering questions . I was 40, and got a a misdemeanor larceny in catawba. would i use form 15.A -14.5? And how do,you get the initial judges signature to start process ?
Jason Witt
11/4/2017 12:47:00 pm
I generally charge a $750 attorney fee for expunction and process usually takes around a year to finalize. That being said I only handle cases in Union and Mecklenburg County.
Terri Allen
12/21/2017 11:09:37 pm
Conviction
Jason Witt
12/22/2017 09:51:07 am
You would likely be filing statute 145.5 which uses Form AOC-CR-281. The exact procedure for getting the signatures of the District Attorney and Judge varies by county and I am not familiar with Catawba County. I would suggest speaking with an attorney in that county for assistance.
Steve Tekola
11/6/2017 02:38:39 pm
Hi. Thanks for taking time out of your day to help citizens like us. I had a misdemeanor-injury to personal property dismissed about a year ago. Would that be considered a violent crime? Could it be expunged?
Jason Witt
11/6/2017 03:17:52 pm
Dismissals are always eligible under the new law. Even a murder dismissal or not guilty verdict is eligible.
Valerie Smith
11/7/2017 07:25:35 am
I want to know if I can get my record expunged was charged with a felony of assault in 2012 wanted to know what needs to be done in order for me to clear my record
Jason Witt
11/8/2017 02:55:45 pm
Was the assault charge dismissed or were you convicted?
Jamie
11/8/2017 06:05:22 am
I was charged with fictitious information to an officer 5 years ago. I was not convicted and it was dismissed without leave. A lawyer handled it and I had no clue it would show on my record until a recent background check. Can I get it expunged and what AOC would I need?
Jason Witt
11/8/2017 02:58:17 pm
A dismissed charge should be eligible. You would probably be using N.C.G.S. 15A-145- forms are about to be updated for the law change effective December 1.
Solace Walsh
11/14/2017 04:45:59 am
I'm 21. When I was 16, which was 2012, I committed a numerous amount of charges. These are my 6 felonies i got at 16 years old, 1)Violate Regulate Controlled Substance Act [Attempted], 2)Common Law Robbery [Attempted], 3)Posses With Intent to Sell Schedule IV
Jason Witt
11/14/2017 09:56:42 am
Only non-violent Class H and Class I felony convictions are eligible. Common law robbery is a Class G felony. You should speak with an attorney where the charges originated to determine what options you have at this point.
Ryan
11/14/2017 10:50:36 am
I have four charges that I wasn't convicted of in 2003 before my 18th birthday. Two counts of communicating threats which I was found not guilty and one count of intimidating a state witness and one count of wearing a mask and or hood, both of which were dismissed. Under the new law can have these expunged? Also, I think I should note that these charges stem from two arrest, not four separate arrest. I have one misdemeanor larceny conviction from 2004 after my 18th birthday. is it possible to have the larceny charge and the charges for which I wasn't convicted of expunged or would I have to choose? I also have a three possession of up to one half-ounce of marijuana charges, two are from 2004 ( June and October ), and one from July of 2008. Do these charges affect my ability to get any of my charges expunged?
Jason Witt
11/14/2017 01:15:50 pm
You should certainly be eligible to erase all the dismissals and not guilty cases under the new law. Removing multiple convictions will not be so easy. Talk to an attorney in the county of the convictions to see if you have any options.
James
11/14/2017 07:10:33 pm
what if you had 2 sets of misdemeanor convictions 5 years apart. One concerning vehicle registration violations, damage to property and the other 5 years later for larceny. Can someone get both expunged, if it was over 20 years ago?
Jason Witt
11/14/2017 08:56:33 pm
Multiple convictions are usually a problem, but there is also an exception for traffic offenses. It would depend on exactly what traffic offenses. That being said with low level crimes you may be able to go back and re-open old cases and have them dismissed. Bottom line- talk to a local attorney in the county where the charges originated to see how best to proceed.
Tonya
11/15/2017 03:26:42 pm
My husband was convicted of disorderly conduct in 2007, charge was in 2006. Is disorderly conduct expungable after Dec. 1? We've been told before that it wasn't but I thought maybe with the new law it will be.
Jason Witt
11/15/2017 07:20:54 pm
If he has no other convictions and the conviction does not involve violence then he should be eligible December 1. Did his offense involve violence?
John C
11/16/2017 03:32:25 pm
Hello, I had an arrest for assault on a female in 2011, however the charges were dropped. I was able to get the arrest expunged in 2012. Unfortunately I was arrested for the same charge in 2017, however again the charges were dropped. Is the second arrest eligible for expungement? If yes is there a waiting period? If it matters I was well over 21 at the time of both arrests. Thank you very much!
Jason Witt
11/16/2017 07:38:07 pm
You will be eligible under the new law which goes into effect December 1, 2017.
John
11/16/2017 11:47:58 pm
Thank you very much for the information! Your blog is giving a lot of people some great information. Thanks again!
Peggy S.
11/18/2017 11:52:34 am
I was charged with the lesser misdemeanor charge of larceny when I was 16 ( theft of chapstick at Walmart). I am 30 now and have not been convicted of anything else since. I am currently enrolled in college and afraid this will effect my ability to get in the medical field. My husband is military and we are currently stationed in California. Is there any way to get this expunged across the states or do I have to physically appear in person for the process? Thank you in advance!
Jason Witt
11/18/2017 01:03:32 pm
What county is this charge from? Hopefully a lawyer could appear on your behalf, but local procedures vary by county.
Peggy S
11/18/2017 02:09:53 pm
Thank you for your response,
Jason Witt
11/18/2017 05:04:24 pm
Reach out to an attorney or the Courthouse in that county to find out local procedure. Hopefully the Judge will not make you travel.
JD
11/18/2017 06:35:11 pm
At age 17 I was convicted of felony B&E&L. This was in 1975. Received 5 years probabtion which was ended after one year. No convictions since.
Jason Witt
11/18/2017 06:54:35 pm
If it is a Class H or Class I felony then it should be eligible.
JD
11/20/2017 09:27:21 pm
How can I determine class? I have been to clerk of courts office in yhat county to get tecord and they cannot find it, but it does show up occassionally, which is weird.
Jason Witt
11/21/2017 02:34:01 pm
Not sure why the Court can't tell you- perhaps since eh charge was so old. 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.
Programmer guy
11/20/2017 02:54:28 am
I have 2 misdemeanor larceny convictions from two separate incidents July 2008 and September 2008 age 18 at the time. The latter charged resulted in a "process other" 48 hours active for probation violation from first charge.
Jason Witt
11/20/2017 12:38:50 pm
If the two convictions were from different incidents and not handled in the same term of court then I think you need to go back and have one case re-opened and dismissed to clear everything. Talk to an attorney in the county where the convictions originated to sew how best to proceed..
Programmer guy
12/6/2017 05:21:13 am
Thanks Jason
Jerry
11/20/2017 04:01:29 pm
I received a PJC for misdemeanor domestic violence in NC in 1996. Clean record since. Is there any chance to get this expunged. I was over 21 y/o when the incident occurred. Thanks, Jerry
Jason Witt
11/20/2017 07:06:19 pm
You would need to get that PJC turned into a dismissal. Reach out to an attorney where the charge occurred.
Jennifer
11/20/2017 04:07:37 pm
Class I for felony
Jason Witt
11/20/2017 07:07:50 pm
Are you talking about expunction or a pending charge? Attorney fess vary greatly by county for most things. What county is this from?
Zach
11/21/2017 08:59:41 am
I was convicted of 4 class H Felonies in the same secession of court in 2006 I had just turned 18 I have no prior convictions or any since should I be eligible under senate bill 445 for an expungement?
Jason Witt
11/21/2017 02:31:48 pm
What were the exact four charges?
Angie
11/27/2017 08:22:25 pm
I have worthless checks on my background from 1987, 1988, 1995 and one in 2006 they are in two different counties nothing else. This stopping me from getting employment. Will I be able to ever get these expunged?
Jason Witt
11/27/2017 08:31:53 pm
Were they all convictions? If so, you would have to have get some reopened and dismissed.
Angie
12/1/2017 04:23:41 pm
they all have method of disposition descr: waiver-clerk not sure what that means.
Jason Witt
12/1/2017 04:31:06 pm
You should contact an attorney in the county where these charges originated to verify the outcomes and your options at this point.
Diana
11/30/2017 11:39:12 am
My daughter is 17 and was recently charged with misdemeanor larceny for 5.96 from a Goodwill store. Her court date is next week. I've briefly spoken with an attorney on the phone (I'm guessing he didn't have time available to meet with us), but he said he would appear on her behalf and go for a deferred prosecution or have it continued depending on the judge that was residing. I'm wondering if there's any chance of this being dismissed? Say if no one from the store comes to court? Or is there any other options where it could be dismissed? She has never been in any trouble before. Also, if the deferred prosecution goes through and she completes what the judge requires, will it be considered dismissed under the that? And would there be a waiting period and fee to apply for an expungement? Thank you in advance for your help. I think it's wonderful that you're reaching out to the community.
Jason Witt
11/30/2017 12:13:01 pm
It sounds like the lawyer you spoke with gave you good advice. 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.
Diana
11/30/2017 05:08:59 pm
Thank you for replying. These were questions I thought of after I spoke with the lawyer on the phone and I didn't want to call back to ask since he seemed so busy. I was searching to find out more about the expungement process when I found your blog. Can you tell me if she gets the deferred prosecution is there a waiting period? Also if you don't mind could you tell me what you think the worse is that could happen? Not asking for guarantees, I just can't find sentencing guidelines or anything of that nature. The charge was in Alexander county if that makes a difference. Thank you!
Jason Witt
11/30/2017 07:40:25 pm
There is no waiting period to expunge a dismissal. Realistic worst case scenario would involve pleading or being found guilty and having to endure supervised probation for a year or more. For a first time offender charged with a minor offense deferred prosecution is usually always an option.
Jack
11/30/2017 03:38:54 pm
I was charged with a misdemeanor assault 2 years ago, the case was dismissed and i was granted an expungement.
Jason Witt
11/30/2017 07:36:33 pm
You will be under the new law, which just happens to go into effect tomorrow.
Bree
12/1/2017 12:01:41 pm
I have a misdemeanor damage to Real Property from 2004, which I plead guilty to and successfully completed 18 months of unsupervised probation. Am I eligible for expunction? Also, I have several speeding tickets that were dismssed for improper equipment. Can those be expunged? Thanks!
Jason Witt
12/1/2017 12:18:28 pm
You should be eligible on the damage to real property if no other convictions other than traffic violations. Infractions such as Improper Equipment are simply not eligible.
Kathryn
12/1/2017 05:21:00 pm
I was charged with resisting an officer , put on probation for 18 months in 2010. Also assault (husband and I) the assault was dismissed. Can I get the resisting arrest expunged now?
Jason Witt
12/1/2017 06:05:50 pm
It may depend on the facts of the case as convictions involving violence are not eligible. That being said, it is always worth a try- the worst that can happen is that your request is denied.
Ann
12/1/2017 08:42:22 pm
Thanks for answering questions!
Jason Witt
12/2/2017 12:29:05 am
By wiped clean they probably meant the charges would be dismissed. The fact that you were charged is never wiped clean absent an expunction. You were eligible to file the moment the charges were dismissed. The process takes 9-12 months to finalize and must be filed in the county where the charges originated.
Doug
12/4/2017 06:14:08 pm
Hi.
Jason Witt
12/4/2017 06:57:36 pm
I am not aware of B&E being automatically considered violent in NC. Even if it is considered violent, my understanding is that if you can convince a Judge to sign the expunction that Raleigh will process it. The statute simply excludes traffic convictions as an automatic disqualification.
yohon
12/5/2017 07:20:56 pm
in 96 i was charged with aide and abed forgery to obtain property by false pretence ( someone stole my checks and wrote them on closed account i didnt tell on them) there was multiple checks each a felony.15 in all no trouble since then except a seatbelt which was dismissed prior to 96 i do have dwi driving no license,
Jason Witt
12/5/2017 07:43:27 pm
What county is this from? Did you have an attorney when you filed before? Did the DA object? Ultimately the Judge should decide and not the DA, but if the local Judges simply follow the recommendation of the local DA you may be out of luck.
yohon
12/6/2017 05:11:40 pm
i did have a attorney, buncombe county. the DA at 1st wanted to meet... but they swore in a new DA and i was told it wouldnt look good on him if he said yes to expungment to all the checks...thats what my attorney told me ... the end.. I met with a second attorney just to see what he thought.. thats when i found out they charged each check as a felony.... but basically he was saying the same thing its a lot.
Jason Witt
12/6/2017 05:43:27 pm
Even if the DA objects the Judge should have the final call. I would talk to a new attorney in the county.
Scottie
12/6/2017 08:14:46 am
If I got a expungement under the old law will the new law have a effect on my expungement? I was told that my charge would never be seen again after it go in the system??
Jason Witt
12/6/2017 02:41:35 pm
I do not have the answer to that question. It should still not be on your public record, but may be visible to law enforcement.
Tonya
12/6/2017 10:59:45 pm
Had charges misdemeanors non violent over 10 years ago. Was charged in 2012 with 9 counts embezzlement, didnt have money to fight pleaded for 5 charges instead of five no jail time in 2017. Just got with DWI, but have to go to court to fight, so hopefully it wont be a probation violation. Will I be eligible for expungement and when? Does it go from when you are charged or how long they drug it out. It took five years for them to finish my case.
Jason Witt
12/7/2017 02:18:41 pm
I am not sure I follow. Do you have multiple convictions in different years- 2012 and 2017?
Tanika
12/7/2017 04:35:24 am
If I had a Felony Conspiracy to common law robbery(class h) from 2009. I was 18 when charged 19 when convicted. Is there anyway I can get my record expunged?
Jason Witt
12/7/2017 02:19:43 pm
I would say you are looking at a 10 year wait period from when probation ends.
TiAna
12/14/2017 07:25:28 pm
I have a misdeamnor larceny from 2008. I was 25 years old. i also have a misdeamnor assult in 2013, that resulted in a PJC, however it was verbal and not physical I just dont know why this was noted on my crimminal background as assult. The clerks of courts told me I can pay the filing fee to have this the PJC expunged. Is this true I can have both of cases expunged now.
Jason Witt
12/15/2017 08:57:07 am
I believe the assault PJC would need to be changed to a dismissal to be eligible. The clerks can't give you legal advice- what county is this from?
Ant
12/16/2017 08:35:00 pm
In 2007 Me an her was charged with a misdemeanor simple assault. After hearing our statements, The judge put on my ppw an said to me was not the aggressor does not have to take domestic violence classes but we still going to charge u with a simple assault an she was charged with the same except she had to take safe child classes. Then in 08 the same thing occurred an I was charged with an assault on a female an only reason I didn't do charges on her then because she was on probation an would have to do 30 days so therefore dss would have gotten involved. No incidents since then but I can't get an apt with those misdemeanors on my record wat can I do? I have a house in my name but she lives there.
Jason Witt
12/17/2017 12:13:09 am
Convictions involving violence are simply not eligible per statute. You would need to have any assault convictions reopened and changed to dismissals.
Shawn Burck
12/18/2017 11:37:06 am
I received a misdemeanor paraphernalia charge in 2014. It resulted in a delayed deferment and ultimate dismissa because I competed the classes (first time drug charge)l. I submitted for an expungement of the arrest record but it did not clear as apparently I used my one and only expungement back in the late 90s. I am guessing I can resubmit under the new law but do not want to waste another $175 unless I know it will be cleared. Would the new law allow me to successfully have the arrest cleared? Main concern is background checks for employment.
Jason Witt
12/18/2017 03:25:35 pm
You should be eligible under the new law if the case was dismissed.
Sterling
12/18/2017 11:35:15 pm
I have a simple possession of marijuana charge from 2012. I was 16 at the time and was denied for a pistol permit last year. Will this clear me to get my permit?
Jason Witt
12/19/2017 10:29:54 am
I do not have the answer as to whether it will allow you to obtain a gun permit. That being said I would certainly recommend filing to clear your record.
Randy Hill
12/19/2017 11:22:13 am
I was convicted of Cyber Stalking in April of 2011. Due to having a criminal background I have not been able to find a job in almost 7 years. Also, not having a job I was not able to pay my fine and still owe. What do I need to do get this expunged? Thank you in advance for your help.
Jason Witt
12/19/2017 07:37:03 pm
If you were just convicted of a misdemeanor and have no other convictions you should be eligible. The petition must be filed in the county where the charge originated. You can either file yourself or hire an attorney. Be aware there is a $175 court filing fee and the process takes 9-12 months to finalize.
Elizabeth
12/28/2017 08:16:28 pm
My original charges were 4 felonies but I was convicted of 2 misdemeanors and given probation. I was convicted of misdemeanor breaking and entering and misdemeanor larceny. I completed probation an estimated 2 years ago. Would I be eligible under the new law and is it five years from conviction date or completion of probation?
Jason Witt
12/28/2017 08:30:05 pm
The 5 year misdemeanor wait time starts to run after probation is completed. See the language from the AOC form below:
Jen
1/3/2018 01:21:54 am
I was charged with Statutory rape when I was 19 and it got dismissed. Also the other co defendants got it completely dismissed. But I took a plea for Crime Against Nature. Is it possible that I can get this expunged.
Jason Witt
1/3/2018 07:10:27 pm
Crime against nature under N.C.G.S. 14-177 is a low level Class I felony, which generally requires a 10 year wait period after probation is finalized. That being said, crimes involving assault or violence are not eligible, so it depends on the facts of the case.
Tim
1/5/2018 09:36:16 pm
I was charged but not convicted of a worthless check in August 2017 can I petition to have this charge expunged now or do I need to wait 5 years? The charge was dismissed but it still shows up on my criminal record. The year before that I was charged with failure to return rental properly but this case was dismissed as well as I was never charged and did not pay fees to the court. Do either of these charges bar me from petioning for expungement? The charges were in wake county court.
Jason Witt
1/5/2018 09:53:18 pm
There is no wait period for dismissed charges. You would be eligible now assuming you have no felony convictions. If both charges originated from Wake County you should be able to list them both on the same petition under the new law.
Bree
1/6/2018 03:37:59 pm
I was convicted of a misdemeanor larceny charge March 2003 and a employment security violation charge in September 2003. Would I be able to get these expunged?
Jason Witt
1/6/2018 04:20:32 pm
Multiple convictions from different incidents usually create a problem. You should contact a lawyer in the county where these charges occurred to see if the larceny conviction can be re-opened and dismissed.
Malcolm
1/7/2018 01:27:45 am
I was convicted of poss cocaine 2008 class I ..and sell/ deliver schedule 1 2010 class G ....I know you said multiple convictions is a problem ..if I was to erase cocaine charge could I come back later and erase schedule 1 charge even tho it's a class G
Jason Witt
1/7/2018 11:36:11 am
Class G felony convictions are simply not eligible per NC statute. The only felony convictions that are eligible are lower level Class H and Class I.
Jami
1/8/2018 10:10:52 pm
My cousin got 2 class A misdemeanor drug paraphernalia convictions (the same incident) about 15 years ago in Salisbury, NC 3 years a drunk in public in Virginia, can he get the drug record expunge? Will immigration still find out about them?
Jason Witt
1/8/2018 10:51:43 pm
Never heard of someone being charged with two paraphernalia charges from the same incident. Even if he was charged with 2 counts it seems strange the DA did not agree to dismiss 1 count unless extra charges were also involved.
D
1/12/2018 05:03:17 am
Good evening,
Jason Witt
1/12/2018 01:46:47 pm
You should be eligible to move forward on the dismissals now. How old were you when charged with these charges? Did you not hire a lawyer at the time- seems like you should have been able to get everything dismissed at that time with a drug class or something. What county was this from?
Anonymous
1/13/2018 04:37:19 pm
I was charged with breaking and entering and larceny 6 years ago. In the time since now, a law has changed making my b&e unable to be expunged. That's what my lawyer told me. There was actually no breaking and entering. I was at a house party and went into a room and took a laptop. Now I am applying to medical school and think this may prevent me from becoming a doctor. Also should mention I did all of this when I was addicted to drugs/alcohol and to pay for that habit. I have been sober over 3 years. Do I have a chance to appeal those convictions? What can I do?
Jason Witt
1/13/2018 05:33:50 pm
I simply do not handle appeals. What county were these convictions from?
Anonymous
4/2/2018 09:26:58 pm
Guilford
Jason Witt
4/2/2018 11:25:43 pm
I would argue the DWI should count as a driving offense which is not a disqualifier. Try contacting an attorney in Guildford county to see when you are eligible to file.
HM
1/18/2018 05:20:52 pm
I was charged with Resisting Public Officer on 12/4/11, sentenced on 5/5/12 and was given 1 year supervised prob, if acted well and completed community service, last six months, unsupervised, which happened. I finished it all on 5/5/13. That's the only misdemeanor I recall.
Jason Witt
1/18/2018 05:46:25 pm
You could try now, but technically you might have to wait until May. What county is this charge from?
HM
1/18/2018 08:55:34 pm
Wake
Jason Witt
1/19/2018 09:03:22 am
I only handle Union and Mecklenburg. Reach out to an attorney in Wake county to see if they recommend filing now or waiting until May.
Keith Jones
1/24/2018 11:11:01 am
I was charged with filing a false police report .I asked for Deferred prosecution since I have never had any incidents . I want to know will this stay on my record ? I am worried one stupid mistake may hurt my job chances? Also does this charge show up on background checks now? I live in Charlotte
Jason Witt
1/24/2018 11:42:00 am
All charges (even dismissed charges) remain on your criminal record until expunged. If your charge was dismissed after successful completion of deferred prosecution your record should show "dismissed after deferred prosecution." Many employers will hold that against you (especially since deferred prosecution means you admitted guilt) until it is removed from your criminal history.
Keith Jones
1/26/2018 10:51:05 am
Thanks Jason. So I would need to pay the $175 fee to have this expunged from my record and not show up on background checks. I was not arrested for this incident .
Jason Witt
1/26/2018 11:15:14 am
The process takes 9-12 months to finalize after you file the appropriate court paperwork and may require a court appearance. Procedure varies by county. What county was this from?
Keith Jones
1/26/2018 02:37:10 pm
Mecklenburg County. Will the DA tell me what form I need? Even for non violent crimes , I may have to put seeking other jobs on hold for at least until 2019? I really hate I created all this drama . I have never had any issues with the law and one dumb mistake is going to put my career goals on hold.
Keith Jones
1/26/2018 02:57:48 pm
Jason Im wondering if I need a lawyer in court when I go in March or just wait until after the case. I asked for Deferred prosecution but I have no idea if I will still get a fine . I want to go the route that erases this totally from my record and can I do this without a attorney or do I need one ?
Jason Witt
1/26/2018 03:23:22 pm
Sounds like you are jumping the gun. First thing is get approved for deferred prosecution and then get the case dismissed. I always recommend having an attorney when negotiating with the DA. The wrong DA on the wrong DA could end in disaster.
S.M. Lieber
1/28/2018 03:32:58 pm
My brother has 3 dismissed/not guilty misdemeanor infractions from 2014. I have only seen references in Senate Bill 445, Section 1, Article 5 of Chapter 15A of the General Statutes to infractions charged prior to December 1, 1999. The Petition and Order of Expunction form I found online also only makes reference to infractions charged prior to December 1, 1999. He's trying to find out if he is eligible to petition to have the charges expunged before he hires a lawyer. Thank you in advance for your response.
Jason Witt
1/28/2018 03:50:52 pm
Sounds like you are using the wrong AOC form. Take a look at AOC-264.
Samantha
2/13/2018 05:07:03 am
What website do I go to that will have the correct expunction petition/forms?? And is there a website that dumbs these statues down for us non-lawyer folks out here?? So we actually have a slight chance.
Jason Witt
2/13/2018 07:46:26 am
There is a link to the AOC forms in the article above. Many forms also come with instructions. Best way to make sure process is done correctly the first time is to use a lawyer as procedures vary by county.
Maurice Carl
1/30/2018 07:37:17 pm
After an expungement are u eligible to get firearm rights restored?
Jason Witt
1/30/2018 08:08:56 pm
I do not have an answer regarding restoration of gun rights. The answer may vary by state.
M. Carl
1/30/2018 07:42:07 pm
I was told that if u recieved any charges after a felony charge u are not eligible for an expungement of the felony not matter how long ago it was. How true is this to a non violent felony?
Jason Witt
1/30/2018 08:10:16 pm
Multiple felony convictions from different incidents usually make you ineligible for any expunction.
S.M.S
1/30/2018 09:53:52 pm
I was charged and pled guilty to a charge of leaving my child in the car while in the store, which they charged me with child abuse. I was giving probation and completed and have not been in any trouble prior or since. It was a misdemeanor charge close to 10 years ago. Is it possible to get this expunged?
Jason Witt
1/30/2018 11:29:09 pm
Class A1 misdemeanor convictions are explicitly excluded from the definition of "non-violent" charges and hence are not eligible for expunction for those over age 18 on the date of offense.
Rod
2/4/2018 12:06:02 am
I was charged with felony assault by strangulation in 2010. I was given a court appointed lawyer on the first court date. It was later reduced to misdemeanor assault on female in 2012. Is it possible to have those records sealed because it's keeping me from getting jobs????
Jason Witt
2/4/2018 11:41:25 am
Getting charges sealed or obtaining a pardon are both very difficult and rare- you would need to speak with a local attorney where the charge originated. Unfortunately, convictions involving assault are not eligible for expunction if the date of offense occurred after age 18.
Christopher Shamy
2/6/2018 02:48:12 pm
I'm trying to find any information in being able to remove misdemeanors from my record. I was 17 at the time and its really hindering my ability to get a decent job. I would appreciate any information. Thank you
Jason Witt
2/6/2018 03:11:52 pm
1. What are you looking to remove from your record?
Scott
2/7/2018 03:43:38 pm
5 years ago I was charged with a class I felony of attempting to obtain a controlled substance through forgery/fraud. I was then offered a plea bargain if I accepted a misdemeanor common law uttering. My attorney at the time was then able to get me a PJC for the misdemeanor. I have never had a charge before or after this one incident. Do I have ANY chance for expungement?
Jason Witt
2/7/2018 04:11:46 pm
If it has been at least 5 years you should be eligible to proceed now.
Willie Ruffin
2/14/2018 09:25:47 am
I was convicted in 2001 or 2002. For felony intent to sell and deliver cocaine.. can it be expunged?
Jason Witt
2/14/2018 09:56:17 am
You should be eligible assuming you have no other convictions besides traffic offenses.
William
2/16/2018 04:52:09 pm
I plead guilty to two class F felonies and two class I felonies 18yrs ago. I have had a perfect record since then, own a business, etc. The law reads like nothing can be done for a class F felony (A through G are considered "violent"). This was a trafficking charge (MDMA). Can this be expunged? Am I reading the law incorrectly? Thank you.
Jason Witt
2/16/2018 05:48:18 pm
Only H and I felony convictions are eligible per statute.
Sam
2/25/2018 02:25:57 am
I have 2 misdemeanor marijuana convictions. Possession and maintaining a dwelling. 2 felonies dismissed in 2013. 21 years old. 4 months later in 2013 pled no contest to misdemeanor larceny. Felony larceny dismissed. Still 21 at the time. Can I at least get the dismissed felonies expunged? Any shot with the misdemeanors because I was 21? Can they really reopen a case and dismiss it? Thanks a lot
Jason Witt
2/25/2018 10:56:26 am
Multiple convictions from different incidents create a problem. If no felony convictions you should be at least eligible to expunge your dismissals. What county are these charges from?
Stacy b.
2/25/2018 10:38:23 am
My husband had a conspiracy to commit assault. He plead guilty. Had 5 years probation. Is this something that is eligible for expungment?
Jason Witt
2/25/2018 10:53:52 am
Five years of probation sounds much more like a felony than misdemeanor. What class level was the conviction? What county is this charge from?
Paul M
2/25/2018 03:09:08 pm
I was convicted of drug trafficking 18 years ago in NC when I was 22 and never had been in trouble before or since. Looks like after reading your responses that I would not be eligible for expungement due to the level of the conviction. Is that a correct assumption? Thanks in advance for your response.
Jason Witt
2/25/2018 05:12:20 pm
Only lower level Class H and Class I felony convictions are eligible.
Karen F
2/26/2018 02:44:42 pm
Mr. Witt,
Jason Witt
2/26/2018 02:57:32 pm
What county are these charges from?
Tisheia Featherson
2/28/2018 04:37:46 pm
Was charged with a misdemeanor for larceny. I am 44 years of age. I have nothing else on my record. Already have a lawyer that states this charge can be dismissed. Asked him about and expungement, he stated I wasn’t eligible because of my age. Reading and researching it states that I am. Just wanted another opinion from another lawyer. Have not yet went to court.. but attorney is very confident he can get charge dismissed. What are the steps if I am eligible for an expungement. Help!!
Jason Witt
2/28/2018 05:11:20 pm
Are you saying you were recently charged and the case is still pending? If so, and the case is ultimately dismissed I don't see why you can't immediately move for expunction.
Tisheia Featherson
3/1/2018 01:32:11 pm
Yes this just happened on Feb. 25th. I am charged with a misdeameanor. No police were involved and I wasn’t arrested because they said I cooperated. I was told to go to the magistrates office early Monday morning. Court date is coming up in April. The attorney states he is very confident this case will be dismissed. I am so very concerned about this reflecting on my background check and having issues in the future. Also when I went to the magistrates office, he stated that I had 2 other charges for worthless checks from 2009 and 2010 that I honestly had no clue and still don’t have a clue about. No one has ever mentioned these charges and I have gone through several other background checks and I never knew or heard anything about them. The court date for those are in March, the attorney told me to go to court ask them to dismiss them and pay the fine for them. 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.
Jason Witt
3/1/2018 01:52:48 pm
The last thing you want to do is pay the fine for the worthless check charge. Paying a fine= pleading guilty.
Tishria Featherson
3/1/2018 03:07:39 pm
So are you saying I need to just ask for a dismissal and not pay the fines. This is exactly what I thought to not pay anything. Lastly, can you please tell me exactly what form I need to fill out to start expunction, do I need to start process after court date and case is completely dismissed or can I file right away, and does this attorney that is currently representing have to sign any papers
Jason Witt
3/1/2018 04:01:43 pm
I recommend finding 1 lawyer who knows what he or she is talking about to handle everything. Just asking for a dismissal may not work. You might want to take a look at AOC-CR-264. You probably want to wait until all cases are dismissed so you only have to file one time.
Donny O.
3/1/2018 10:54:57 am
I received a pjc on misdemeanor assault on a female in february 2001. She (the victim) told me she was coming to court to tell them what happened but didnt show up. I asked for continuance because of this and was denied. Every question I asked the arresting officers response was "I do not recall". Thats how I got the pjc I guess. Is this elegible for expungement or motion for apropriate relief? I also have a previous charge for the same thing but it was dismissed.
Jason Witt
3/1/2018 11:52:49 am
A PJC is a rather odd disposition to explain- it is between a guilty and dismissal. I believe a PJC is treated just like a conviction for expuntion purposes; therefore, you would need to have the PJC changed to a dismissal or not guilty before you would be eligible. That is a rather risky venture to undertake without an attorney. You really need to reach out to an attorney in the county of the charge to discuss your options as the local DA will likely determine those options.
Donny O.
3/1/2018 08:13:33 pm
Thank you. I checked my record and believe the pjc had conditions that Im sure have been met by now. No idea what they were.
Christopher C
3/2/2018 06:15:51 pm
Simple possession of marijuana less than 1/2 ounce of conviction is holding me up on a job opportunity. The conviction was from 1990 when I was 17 years old. What and how is the best and fastest way to get this removed?
Jason Witt
3/3/2018 10:28:48 am
If by removed you mean expunction that usually takes 9-12 months to finalize due to the backlog in Raleigh. If you want to change the record from guilty to dismissed in the interim that may be possible with a MAR or Motion for Appropriate Relief, but will likely require an attorney and cooperation from the DA and Judge.
Shaquandra Clegg
3/7/2018 08:00:17 am
Hi I was charged with a infraction and resisting arrest this was about 2 years ago. I have no other prior offenses. Will I be eligible for expungement?
Jason Witt
3/7/2018 08:28:11 am
What was the outcome of the charges? How old were you when charged? What was the infraction charge?
Shaquandra
3/7/2018 08:37:04 am
I was found guilty and I was 27 at the time and it was unsafe movement which was a lie but I felt I had no choice but to plea guilty.
Shaquandra
3/7/2018 08:43:21 am
Also flee to elude was reduced to disorderly conduct?
Jason Witt
3/7/2018 03:15:00 pm
Infractions generally are not eligible and misdemeanors after age 21 usually have a 5 year wait period for convictions. Contact an attorney where the charges originated to see if you have any immediate options.
Wayne
3/16/2018 07:06:48 pm
I have 2 charges. 1st assault with a weapon and assault on a female. Both were at the same time 11/2009. A PJC was used for both the. Charges i paid court cost and that was it. But I now it shows up on my background. Are these 2 types of charges that can be dismissed? They were both misdemeanors.
Jason Witt
3/16/2018 07:30:06 pm
You would likely need to get the PJC converted to a dismissal if you want an expunction because the charge involved violence. What county was this from?
Krystal
3/19/2018 11:52:13 am
Hi, I have a Prayer for judgement for a misdemeanor larceny from 2010 and a second degree trespassing from 2012. I wanted to see how can i get these expunged. note: I Also have three other convictions from 2013 but they were guilty verdicts not prayer for judgement.
Jason Witt
3/19/2018 01:59:16 pm
Multiple convictions from different incidents usually creates a problem. What county are these charges from?
Reginald
3/19/2018 02:06:39 pm
I caught a cocaine charge in 1993, it wasn’t even a gram. It was like .2 grams. It was in my car, I stayed in jail for 7 months. I wound up taking a plea bargain for possession. It has been around 25 years since then. That was my first time in trouble ever. I haven’t had any felonies since. Can I get that charge expunged?
Jason Witt
3/19/2018 02:13:52 pm
You should be eligible if no other convictions besides driving offenses.
A Webb
3/19/2018 04:07:11 pm
I have a conviction 4/2009 non- violate felony at age 42 could i get an expungement to have that removed?
Jason Witt
3/19/2018 04:51:17 pm
1. What was the actual charge?
al
3/20/2018 12:01:07 am
Felony- lower class
Jason Witt
3/20/2018 04:50:17 pm
There is a 10 year wait period to remove felony convictions. I would recommend contacting an attorney in Iredell now to line things up.
M Scronce
3/22/2018 10:46:01 am
I have a PJC conviction for a misdemeanor child abuse charge.
Jason Witt
3/22/2018 12:05:53 pm
Never heard of a child not in car seat leading to a child abuse charge- that is overcharging in my opinion. I believe you would first have the PJC converted to a dismissal as child abuse is a Class A1 misdemeanor.
Chris
3/22/2018 10:24:56 pm
Under 15a-145.2 (a) (1) an affidavit by the petitioner? Any special form for it?
Jason Witt
3/23/2018 11:11:28 am
There is no AOC form for the affidavit- you will have to create your own or use an attorney. Verified simply means they were notarized.
Quanie
3/25/2018 11:02:54 am
Hello... I was charged and convicted of sell and deliver cocaine. Felony in 2012. Was put on 12 months probation. Wake County.
Jason Witt
3/25/2018 11:37:53 am
Sell and deliver is usually a Class G felony and therefore would not be eligible if the charge resulted in a conviction. To expunge the larceny by an employee dismissal you can't have any felony convictions. Bottom line- you may not have any options besides reaching out to an attorney in Harnett County to see if anything can be done about that conviction.
Quanie
3/25/2018 02:33:50 pm
The felony is class H
Jason Witt
3/25/2018 04:35:33 pm
Must have only been possession with intent to sell and deliver. If so, then you should be eligible after a 10 year wait period- maybe sooner depending on your age at the time of charge. Check with an attorney where the charge occurred on when you are eligible.
RJ
3/30/2018 11:46:27 am
Hello Mr. Witt,
Jason Witt
3/30/2018 12:34:21 pm
It may be possible if all the convictions were handled in the same session of court, but you would likely have to reopen and dismiss that old misdemeanor conviction first. Reach out to an attorney where the charges originated.
Allison
4/12/2018 10:44:33 am
Has the law changed on when you are able to not list felonies on job applications/housing applications? I know before it was at east 5 years of waiting. It was a crime committed before 18 years of age and am currently 24 years old.
Jason Witt
4/12/2018 05:23:18 pm
I am not aware of any law change in NC outside of local government jobs. If an application asks without qualifiers then I think you should disclose or risk them holding that against you. Sounds like you really need an expunction to get this off your record. What was the actual conviction?
Allison
4/13/2018 12:50:24 pm
I guess what I meant was, when a job is doing a background check, is there a point where the felony charge will not show up or count against me? I read this above: "For convictions that occur before the defendant turned 18 there is a minimum 4 year wait period". Does this mean to get it expunged? And once expunged will it still show up on background checks/will it be counted against me still?
Jason Witt
4/13/2018 04:33:03 pm
The wait period refers to the wait period to file for expungement. Charges never automatically drop off your record.
Jayson
4/15/2018 09:19:54 am
I was convicted of felony b&e of a motor vehicle. 24 years ago . Can I get my conviction expunged and legally own a firearm
Jason Witt
4/15/2018 11:15:27 am
1. What county was this charge from?
james
4/18/2018 09:36:18 am
a friend of mine was convicted of a breaking entering felony around 30 years ago he wants to get his record expunged but was told that he could not because it was a felony under statute 15a 145.5 and that section 14-54(a) of that law prevents removal of the infraction.
Jason Witt
4/18/2018 11:11:00 am
Not sure I follow. What does having an infraction have to do with removing a felony conviction? Sounds like he needs to speak with a different lawyer in the county where the felony occurred.
Bridgette H
4/21/2018 04:23:15 pm
I’m trying to complete my own forms for expungement. I was placed under the 90-96 first offenders and my charges were dismissed years after finishing probation and paying my fines. I researched and seen that I need form AOC-CR-264 but it isn’t available on the nccourts website. Not sure what to do
Jason Witt
4/21/2018 04:48:41 pm
Several forms were updated and/or eliminated in April, 2018. Take a look at the newly created AOC-CR-287 for dismissed charges. Don't forget you will also have to pay a $175 filing fee.
Bridgette
4/23/2018 03:25:04 pm
All three of my charges are from the same incident/case, but one was dropped from a felony to a misdemeanor and didn’t get dismissed like the other two will I still be able to use the 287 form?
Jason Witt
4/23/2018 05:27:07 pm
AOC form 287 is for dismissed charges only.
Bridgette
4/24/2018 09:27:12 am
I’m sorry I’ll try to be more detailed. It’ll be 7 years since the incident soon and I’m now understanding that dismissed isn’t the same as expunction... I was charged with 2 felony counts of possession of marijuana and felony 1 main veh/ cs. To take the 90-96 I had to plea guilty. I was told that all my charges would be dismissed after completing probation and paying my fines. A year later in 2012 my charges were dismissed but I’m just realizing now that the main veh/ cs was dropped to a misdemeanor but wasn’t dismissed even though it’s the same case. I was also 19 at the time. Along with the 287 form, could you tell me which other forms I would need? Thank you!
Bridgette
4/24/2018 12:08:14 pm
Thank you Mr. Witt is it possible to tell me which other form I would need? I was thinking it would be the 266 form since I was 20 at the time back in 2011. I also seen their are affidavits along with the 266 form but I don't know where to find those. I'm assuming I would still need both 266 and 287 even though I successfully completed the 90-96 program in 2013.
Jason Witt
4/24/2018 06:22:14 pm
Form 266 may be the only form you need if you meet the requirements. There are no AOC form affidavits- you have to create those on your own regarding your good nature and character. Read the statute for the required language. As you can see undertaking this process on your own without an attorney is not an easy process and procedures vary by county.
Kristin Renegar
4/23/2018 08:41:46 am
Hi Jason,
Jason Witt
4/23/2018 11:24:34 am
You should be eligible on the felony dismissal. Not sure what no longer had jurisdiction over you because probation had expired means. If you want to move forward my fee is $750 and the process takes 9-12 months to finalize.
John
4/25/2018 10:34:42 pm
I am now 43 yrs old. I was convicted of B&E and Larceny back in 1992 when I was only 17 yrs old. I was later convicted of misdemeanor larceny in 1995 when I was 20 yrs old. I have not been arrested since the 1995 misdemeanor conviction. Can my felony and misdemeanor be expunged?
Jason Witt
4/25/2018 11:12:33 pm
Multiple convictions from different incidents creates a problem. Contact an attorney in county of the 1995 misdemeanor and see if you can reopen that conviction via a MAR and obtain a dismissal.
Jameshia
4/26/2018 05:18:41 pm
Can I get a expungement if I have a misdemeanor the Accident happen in 2011 but I ain’t get charged to 2014 the charge was Financial card thief it was a felony but got dropped down to a Misdemeanor.
Jason Witt
4/26/2018 07:18:17 pm
There is generally a 5 year wait period after probation ends if you were over 18 on the date of offense.
Darius
4/26/2018 10:04:36 pm
I have charges that were dismissed still showing up on my background check, do i have to go through the process of getting them expunged? Or with they always be up there?
Jason Witt
4/27/2018 10:35:27 am
Nothing ever just falls off your record in NC due to age. If you want dismissed charges removed from your record you would have to petition for an expunction.
michael
4/27/2018 01:12:55 am
in 1991 I was 18 and charged with 4 counts of misdemeanor assault on child under 12. 3 were dismissed, one reduced to misdemeanor disorderly conduct. then between 2000 and 2002 had some misdemeanor worthless checks. can anything be expunged?
Jason Witt
4/27/2018 10:36:32 am
Multiple convictions from different incidents is a problem. Speak to someone about reopening and dismissing the worthless check convictions.
Hassan brown
4/28/2018 10:33:06 am
Can I seal a class D drug trafficking charge that I was convicted of in 1999?
Jason Witt
4/28/2018 11:50:21 am
Sealing a criminal record is not something I have seen in NC. Class D felony convictions are not eligible for expunction. Your only remedy at this point may be a pardon from the governor.
dakota
4/29/2018 12:09:50 pm
i have a felony possession of a schedule 4 that i got i believe when i was 22 or 23 i am 26 years old now how long would i have to wait to be eligible to get this charge expunged?
Jason Witt
4/29/2018 02:31:37 pm
You are likely looking at a 10 year wait period after probation ends. That being said, but you should check with a local attorney on your exact age om the date of offense or to see if you have any other options such as a motion for appropriate relief.
Allie
5/1/2018 07:40:08 pm
Is there any case or situation where the ten year time period may be excused? I was convicted of a class H felony in 2008. I was only sentenced to probation and to pay money but it took me up until 2015 to pay off all of fines. Is there any chance that the ten year time period could start back in 2008 when the crime was committed and not when my probation finally ended?
Jason Witt
5/1/2018 08:35:51 pm
There would be a shorter wait period if you were under 18 on the date of offense. If you were over 18 and it was not a drug related offense then you are stuck with the 10 year wait period for a felony per statute. That being said, my understanding after speaking with the powers in Raleigh is that if you can convince a Judge to sign off on an expunction they will process it regardless of whether it meets the statutory requirements. Bottom line- talk to a local attorney in the county where the charge occurred about maybe filing 10 years after the conviction date versus probation termination date.
Chris
5/8/2018 10:13:52 am
I was convicted in 1997 of felony death by motor vehicle.I was 17. Completed my sentence in 2002. I have been told that it can not be expunged but i found G.S. 14-415.4, which is a petition to restore firearms rights after 20 years. Was the time on that petition changed any with the new bill? And with my felony am i eligible to get firearm right back? Thanks
Jason Witt
5/8/2018 11:01:09 am
I am not aware of any recent changes to NC laws regarding restoration of gun rights. 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.
Anissa Taylor
5/8/2018 08:18:42 pm
My daughter had a fight at school in 2010 when she was 16. Was originally charged with causing an affray and misdemeanor simple assault. We (my daughter, myself, the girl she fought, and the girl's mother) went to court for mediation where they admitted they fought and they had to sign a letter stating they wouldn't fight in school again. My daughter is now 24 and every job she applies for when the background check comes up it finds a misdemeanor assault charge from 2010 (the high school fight at 16). Can she get this expunged?
Jason Witt
5/8/2018 10:50:41 pm
If she was under age 18 when charged and has no other convictions it should be possible under 15A-145(a).
Sean wills
5/9/2018 04:07:16 pm
Hello Sir,
Jason Witt
5/9/2018 04:54:43 pm
VD = Voluntary dismissed. You should be able to proceed immediately with your dismissed charges in Durham County. You are likely looking at a minimum 5 year wait period on the convictions in Wake Count if you were over 18 when charged. That being said you should confirm with an attorney in Wake County as the details on the resisting charge may play a role in eligibility.
Sean wills
5/9/2018 06:05:03 pm
Hello
Jason Witt
5/9/2018 07:00:33 pm
The law used to be that you could only apply for expunction one time. This hard rule no longer applies, although there are limitations when prior convictions were expunged.
Sean wills
5/9/2018 07:54:54 pm
But I did not had conviction in durham. It resulted in dismissal (VD) and then expunged at same time so it doesnt show BG check.
Jason Witt
5/10/2018 10:39:52 am
I was just pointing out that issue for other readers.
Sharon Lynn Tippett
5/11/2018 04:47:31 pm
We are trying to get 4 charges expunged. 2 were dismissed, 2 resulted in conviction. They were all misdemeanors. 2 DV protective order. Crazy because the assault on a female was dismissed. That is why she had the protective order. He has NO charges before or after these charges. He served Honorably in the Army for 20 + years. This stems from an argument where the neighbors call because they were arguing. He wasn't even on the scene, when the police arrived. The police called him back to the scene and told him the law stated that someone had to be arrested. This was in 2006in Cumberland County. We would like to have all of them expunged.
Jason Witt
5/11/2018 05:34:55 pm
1. What were the convictions?
Sharon Tippett
5/14/2018 01:21:24 pm
The 2 convictions were was DV Protective Order Violation. Offence dates were 8/23/2006 and 8/30/2006. The assault on a female 4/07/2006 and the other DV Protective order violation 11/30/2006 were dismissed .
Jason Witt
5/14/2018 01:54:19 pm
Unfortunately convictions for A1 misdemeanors with a date of offense after age 18 are simply not eligible under NC law. You are however eligible to remove the dismissals.
Cody
5/22/2018 01:53:27 am
Hello, I was arrested in 2010 for attempting to obtain c/s by fraud/forgery, a class I felony, I was 25 at the time. I pled guilty in 2011 and received one year of probation. What are my options to get this expunged? Do I have to wait until 2022 or anything else be done? Thanks!
Jason Witt
5/22/2018 09:37:25 am
I believe that is correct, but you can always check with a local attorney as adherence to statutes vary by county.
Steve
5/30/2018 01:24:38 am
I was convicted of B.E and B.E. And Larceny class H Felony in 2001.
Jason Witt
5/30/2018 08:52:01 am
If all the convictions were from the same incident (excluding traffic offenses) you should be eligible. Contact an attorney in that county to confirm your options and local procedure.
Antonio
5/31/2018 12:09:30 pm
I was convicted in 2009 served 2 yrs for an awdwisi and I haven’t been in trouble since is there anything I can do to get this charged changed to a lesser crime so I may get it expunged or sealed. I had so many job offers but each time they run the background they can’t accept me if there’s any info you can provide that may help please share. Thanks in advance!
Jason Witt
5/31/2018 04:16:35 pm
You would be facing an uphill battle on that one especially if the victim objected. You would need to reach out to a local attorney to review the facts and see if the local DA would entertain a Motion for Appropriate Relief.
Steve
5/31/2018 08:22:36 pm
I pled guilty to 16 counts of embezzlement in 2005, it was a class h felony. I paid 20k in restitution and 200ish hours in community service which was completed in 2010. No trouble since then.
Jason Witt
6/1/2018 11:26:13 am
If no other convictions of any kind before or since (other than traffic) you could be eligible to file 10 years after your sentence your completed.
Angie
6/1/2018 10:19:43 pm
I was charged with 8 counts Obtaining property under false pretenses which was reduced to 4 Misdemeanor larcenies. I was 16 at time of offenses and 17 at time of conviction. I had community service and paid restitution. This was 19 years ago. I am now 35 with only a couple speeding tickets since. I truly did not understand the severity of what I did at the time or how the consequences would impact my life when I was trying to make it in the adult world. Will I be eligible under the new law?
Jason Witt
6/1/2018 10:41:48 pm
That should have been eligible years ago even before the new law- did someone advise your otherwise?
Doretta
6/5/2018 05:10:00 pm
I need some guided about my past criminal records and trying to get some things cleared off in order to get my felon expunged. In 1997 I was 17 years old and in 1999 I was 19 years old.Can you give me some advice.
Jason Witt
6/5/2018 10:27:19 pm
Are all these convictions? Multiple convictions from different incidents creates major issues.
Cathy
7/4/2018 05:49:47 am
I plead guilty to a class I Felony possession of cocaine in 10/2010 but I was original charged in 9/2009 but because I was providing the dea with assistance I couldn't plead guilty till after the other person trial was over..I received a suspended sentence and 18 mths unsupervised probation. I know with this new law I would need to wait 10 years but do I really have to wait 10 years from the time my unsupervised probation ended considering that I couldn't plead guilty earlier due to the my assistance in the other person trial that was still going on...
Jason Witt
7/4/2018 03:50:53 pm
Were you 21 or under when charged- that may trigger a shorter wait period. You can always try and file now and see if a Judge will sign off on it.
Cathy
7/13/2018 01:12:18 pm
I was 28 at the time.
Jason Witt
7/13/2018 07:33:38 pm
Reach out to a local attorney to confirm your options as application of the law varies by county.
Kandice
7/7/2018 02:26:27 pm
Thank you for answering questions. I was charged with assault on a govt official, it was reduced to disorderly conduct for which I received a Prayer for Judgement. I was in high school, under 18..what are my options ?
Jason Witt
7/8/2018 11:18:16 am
PJC's are treated like a guilty for expunction purposes. Your options depend on how long ago this PJC was given or whether you can have the PJC converted to a dismissal. You will need to reach out to an attorney in that county for more guidance.
Francisco
7/8/2018 09:16:04 pm
Hi, I am not a US citizen or resident but I plead guilty to a class I felony aiding and abetting to obtain an official document (state ID) in NC, which happened around May 2005. I spent ten days or so in jail awaiting my trial then the judge sentenced me to 2 years probation and I was deported to my country. Only 9 months had passed when I tried to re-enter the US illegally and was caught at El Paso TX, a court appointed lawyer then told me that I had violated the probationary period and because of that a federal judge sentenced me to 8 months in prison. Then when I was released, Immigration had me sign a letter stating 20 years must pass before entering the country again... My questions are, What are my chances of having my felony expunged now since over ten years have passed? and how can I manage to do it from my country where I'm from since I can't go to the US?, I want to have my record clear to apply for a visa.
Jason Witt
7/9/2018 08:37:47 am
I would recommend speaking with an immigration attorney on this issue.
Brian
7/10/2018 03:29:41 pm
I received an open container citation (misdemeanor "poss/cons beer/wine public st") from Chapel Hill PD in 2012 and paid the fine, meaning a guilty disposition. (1) Am I correct that this is eligible for expunction under G.S. 15A-145.5? (2) How do I know which, if any, state or local agencies have a copy of the case record other than Chapel Hill PD? (3) Would getting this expunged require any in-person court appearances in Orange County? The citation was technically for violating a town ordinance against open containers of alcohol in public. Thanks!
Jason Witt
7/10/2018 04:06:20 pm
It should be eligible for expunction depending on the conviction date. As to your other questions you would need to speak with an attorney or the courthouse in Orange County as procedures vary by county.
Jay Hill
7/11/2018 06:00:26 pm
I plead guilty to a misdemeanor larceny of $17.85 in 2015 I was 17, is it possible for me to get an expungement?
Jason Witt
7/11/2018 07:35:27 pm
You should be eligible 2 years after your sentence was completed assuming that is your only conviction.
Porsh
7/11/2018 06:04:34 pm
Plead guilty to misdemeanor larceny in 2015, paid fines, completed everything I was supposed to. First charge ever convicted in 2015
Jason Witt
7/11/2018 07:34:35 pm
There is generally a 5 year wait period if you were over 18 when the offense occurred. Did you not have a lawyer- that type of charge can often be dismissed via community service.
Howard Jackson
7/11/2018 06:50:35 pm
I was convicted of misdemeanor child abuse in Aug 2013, it will be 5 years next month since incident. I have been on several assignments with temp agencies and my performance allows me the opportunity to become a part of the company, but my background check messes me up. Can I have this charge expunged? I went to parenting classes, completed probation, have been in no further trouble. What can I do?
Jason Witt
7/11/2018 07:32:50 pm
Class A1 misdemeanor convictions that occur after age 18 are not eligible for expunction per statute. You should reach out to a local attorney to see if you have any other options.
Sd
7/21/2018 11:35:43 pm
Is an 11 ur old misd charge of disseminating harmful material to a minor, expungible?
Jason Witt
7/22/2018 10:42:33 am
It should be eligible if no other convictions other than traffic offenses.
Tay
7/31/2018 03:00:08 pm
Hello, my friend will have an assault charged dismissed soon, he is over 18. Will he be eligible to have the charge expunged in North Carolina?
Jason Witt
7/31/2018 03:50:13 pm
Once the charge is dismissed he should be immediately eligible assuming he has no felony convictions of any kind.
RZZ
8/6/2018 02:43:40 pm
i have a hit&run conviction 22yrs ago. how long will it take to expunge? Thank you
Jason Witt
8/6/2018 02:56:30 pm
If that is your only conviction you should be eligible now.
CHRISTINA HAZELWOOD
8/6/2018 04:19:43 pm
CONVICTED OF FELONY EMBEZZLEMENT 4/2008, WOULD THAT BE ELIGIBLE FOR EXPUNGMENT?
Jason Witt
8/6/2018 04:25:11 pm
Depends on the Class level felony and if you have any other convictions of any kind.
Chris
8/12/2018 09:50:52 pm
I just want my hunting privileges back. Is that possible with 1 count of trafficking cocaine? CLASS F FELONY. It's my understanding I have to wait 10 years after probation ended.
Jason Witt
8/12/2018 10:38:27 pm
A Class F conviction is not eligible for expunction. Restoration of firearms rights is not in my area of expertise, but take a look at NCGS § 14-415.4.
Jason Witt
8/12/2018 10:40:59 pm
Here is a link to the AOC form PETITION AND ORDER FOR
Mike
8/23/2018 09:46:11 am
I had a Prayer for Judgement entered back in 1989 for Failure to Disperse. It did not affect any employment. I had that expunged about 3 years ago. In 2005, I received a Class 3 misdemeanor, non-violent, hunting violation. Can I also get this expunged under the new law?
Jason Witt
8/23/2018 10:57:19 am
You would likely have to get the new conviction re-opened and dismissed first. Contact an attorney where the charge occurred to confirm all your options.
Jason Witt
9/1/2018 11:22:35 am
Did all three charges result in convictions? Yes. All three did. I also had several charges dismissed. Would I be able to get the dismissals removed from my record? All misdemeanors: B&E - dismissed by the DA, Possession of Marijuana - dismissed after community service was completed, Possession of Marijuana - dismissed with 90/96, 2 assault on a female - dismissed by the DA, and simple assault dismissed by the DA
Jason Witt
9/1/2018 03:58:18 pm
Dismissals cannot be expunged if you have any felony convictions. See if you can get the misdemeanor convictions reopened and dismissed. If you were able to do that then you could probably get everything expunged.
Jason Witt
9/2/2018 02:56:34 pm
A felony conviction in addition to multiple convictions from different incidents does not leave you with many good options. You would need to speak with a local attorney to see if anything can be done. I forgot to ask.. for the current misdemeanor charges.. I am on unsupervised probation as of 8/14/18 for 1 year.. Do I have to wait until I finish probation to get the charges reopened? or should I attempt to do it before probation is completed? Thank you very much for your help!
Jason Witt
9/2/2018 02:53:45 pm
Getting convictions reopened is not easy and sometimes impossible. You would need to speak with a local attorney to find out if that is even a viable option.
Josh
9/4/2018 02:57:16 pm
I have a felony breaking and entering and felony larceny with two counts of obtaining property by false pretense. Am I eligible to have these expunged?
Jason Witt
9/4/2018 03:18:03 pm
1. Are these you only convictions of any kind?
Cheryl
9/6/2018 08:49:42 pm
Hello. My son has a Class I felony crimes against nature conviction. Happened when he was 18 had deferred judgement that he didn’t finish requirements so ended up with conviction. He is now 25 and has no other brushes with the law.. Saw that sections have been repealed.. Is there any possibility he could get this expunged? Thank you in advance..
Jason Witt
9/7/2018 11:43:49 am
It may be possible depending on the facts of the case after a 10 year wait period. He should followup with an attorney in the county where the charge orientated. 9/15/2018 09:39:13 pm
I was charged with assault with deadly weapon. Plus other felonies. But all reduced. To misdemeanor. I was 17 years old. I also was charged in 2017 with a non violent felony do I have to wait for the 10 years. To be up after probation or does it start when the offense happened. Does it start a conviction. Or offense. I should be off probation in 2019. So when should I be able to get all expungement. First charge. 1997 was 17 years old . And new. One. 2017. Probation will be done in 2019. Obtaining property under false pretense. Any info to number of years I have to wait or does it start from probation ending, conviction, or time of offense.
Jason Witt
9/16/2018 12:07:20 pm
Multiple convictions from different incidents is a problem. You would need to speak to an attorney where these charges originated to see if you have any options.
Keith
9/16/2018 05:11:09 am
Does a second degree kidnapping conviction qualify for expungement? I have not had any charges before or after.
Jason Witt
9/16/2018 12:05:53 pm
Class E felony convictions are simply not eligible.
Anonymous
9/20/2018 12:10:16 pm
I was charged with dui in 2004 and possession of marijuana in 2012. Both charges were dismissed. Will either of them cause me to fail a background check for teaching licensure.
Jason Witt
9/20/2018 12:57:03 pm
Both charges will certainly appear on your record. Why not file for expugement as you never know if that will be a deciding factor?
Anonymous
9/20/2018 01:15:03 pm
That's exactly what I was thinking. How long would it take?
Jason Witt
9/20/2018 01:28:03 pm
The process typically takes 9-12 months, but varies by county.
Stephanie V
9/24/2018 06:51:37 pm
I was convicted of concealment of goods (roughly $8.00) ...im not sure if the verbiage is correct there, but i believe it was shoplifting never the less. It was back in 1995 in Harnett County. i was in my early 20's at the time. No other charges before or since. Could i file for expungement and what forms would i use? i dont have the money to hire an attorney, so im hoping i can do it myself. Thank you for any information you can give me.
Jason Witt
9/24/2018 08:01:38 pm
Take a look at Form AOC-CR-281. You should also speak to the clerks at the courthouse about local procedure. Be aware there is a ~$175 filing fee.
CK
10/5/2018 12:55:32 pm
My case will be dismissed on Monday after completing community service. What form do I use to start the process? Id rather pay the $175 instead of several hundreds to a lawyer if I can avoid it .
Jason Witt
10/5/2018 02:37:14 pm
Form AOC-CR-287 is typically used for dismissals.
Naomi
10/15/2018 07:22:50 pm
I have a Misdemeanor for 2 counts of Child Abuse and April of 2019 will be 10 years. I previoulsy plead guilty. Will this automatically come off my record or will I have to get this expunged?
Jason Witt
10/15/2018 07:55:29 pm
Nothing automatically comes off a record in NC- not even dismissals. You will need to check with a local attorney about your options as Class A1 convictions are generally not eligible for expunction.
Patricia A Childs
10/23/2018 11:35:19 am
If your civil rights are restored can a person legally apply for a concealed weapon permit?
Jason Witt
10/23/2018 03:18:29 pm
I cannot offer any insight as gun rights are outside my area of expertise.
CF
10/24/2018 12:16:19 pm
I was charged with Felony Larceny, and plead guilty to Misdemeanor Larceny in 2003. I was 19 years old. Am i eligible for an expungement?
Jason Witt
10/24/2018 01:28:11 pm
If that is your only conviction of any kind (not counting traffic tickets) you should be eligible.
Ben Crawford
10/24/2018 09:20:02 pm
So a dismissed domestic violence charge is not eligible?
Jason Witt
10/24/2018 11:18:19 pm
Even misdemeanor convictions involving violence are not eligible per NC statute. That being said, you can always reach out to a local attorney to see if you have any options to reopen a conviction.
Greg
10/26/2018 06:15:18 pm
I recieved a domestic violence charge against my father at the age of 17. During the same year I recieved assault charge and simple affray from fights in high school. Since then have went to college and received BS in criminal justice and BA in sociology but with the domestic violence charged have been unable to work with corrections because legally can't get gun permit with domestic violence charge. Department of corrections told be I would be hired if I can get domestic violence charge taken care of they are not worried about the other charges. My father is now deceased. Would I be able to get that particular domestic silence charge expunged under new law even though I did get other charges same year.
Jason Witt
10/26/2018 08:10:09 pm
Convictions involving violence are simply not eligible per NC statute.
Anonymous
11/6/2018 09:13:30 pm
I was 20 when charged with Felony Possession of marijuana with intent to sell. 21 when I was convicted. Placed on 30 months probation. What are my expungement options?
Jason Witt
11/6/2018 11:06:08 pm
Would need a lot more information such as how long ago this conviction was and if you have any other convictions of any kind. My advice is reach out to an attorney in the county of this conviction as expunctions must be filed where the charge originated.
Julia
11/28/2018 05:18:32 pm
I got an underage drinking misdemeanor recently and after completing community service hours and an assessment for drinking, I heard that the fee for expunging this would be $1000. This is my first ever offense on my record and i paid for my attorney, will it really cost this much?
Jason Witt
11/28/2018 05:25:59 pm
Fees vary by attorney and county, but that seems a little high especially from the attorney who represented you on the underlying case and already has an open file with all the necessary information.
James A Rose
12/3/2018 06:43:18 pm
can i get a assault on female expunged? she never showed up for court and they charged me even thought she assaulted me. it has been at least 7 years since the charge.
Jason Witt
12/3/2018 07:45:08 pm
Any dismissed case is eligible for expunction assuming you have no felony convictions.
Joshua Holley
12/10/2018 06:44:39 pm
Was charged with an assault in a female 9 yrs ago due to lies told by x wife. Was found guilty but given a true PJC. Is there anytgany I can do to get my gun rights restored?
Jason Witt
12/10/2018 06:53:40 pm
I do not handle gun rights issues, but you should speak with someone local about whether you can covert your PJC into a dismissal.
KS
12/21/2018 11:43:21 am
During a background check for a rental I was recently surprised to see a $10 ticket for "Possession of an alcoholic beverage" 20 years ago. I was 24 then; I hadn't begun to consume alcohol until I was 26! I was in my mid-twenties. Imagine my shock and confusion seeing words like "GUILTY" and "MISDEMEANOR" next to my name. Are there specific forms you might recommend that I can use to eliminate this from my record? And is it possible to manage this without an attorney? Thanks for your advice, it's appreciated.
Jason Witt
12/21/2018 11:49:20 am
Is this a case of ID fraud or did you actually receive this ticket? What county is this conviction from?
David D
12/27/2018 03:13:39 pm
So, let me start by saying that I admit I've made a series of poor decisions over the years. 25 years ago in college, I pleaded guilty to a charge and had it expunged. Also, 16 years ago I was convicted of a Class G felony for drugs. I've since had a DWI charge that was dropped. If I'm reading this correctly, the expungement from 25 years ago wasn't a "once in a lifetime", however I seem to remember that you can't expunge ANYTHING if you have been convicted of certain crimes. Does the G felony keep me ineligible of expunging the DWI charge, even though it was non-violent?
Jason Witt
12/27/2018 03:54:49 pm
To expunge a dismissal you can't have any felony convictions. Therefore I the Class G conviction will likely disqualify you from any expunction. Nevertheless, you should always check with a local attorney to fully explore all your options.
Joe m
12/30/2018 06:24:50 pm
Can two separate Felonise they are over 35 years old and I have no convictions since then. one for B and E And one for possession of stolen goods be expunged?
Jason Witt
12/30/2018 07:38:38 pm
Multiple convictions from different incidents is usually a disqualifying factor. That being said, you should check with an attorney in the county of the charges as that is where any paperwork would have to be filed.
Mike C
1/8/2019 02:31:08 pm
I had a misdemeanor larceny charge in 1998 then another in 2014. Can anything be done with those?
Jason Witt
1/8/2019 03:35:01 pm
Were these both convictions?
bobby c
1/12/2019 03:36:45 am
when i was 16 in 2001 i was charged with assualt on a minor and in 2003 i was charged with possession of and intent to sell and deliever cocain. for the assault i recieved probation and the possession i recieved probation as well but ended up going to prison june of 2004 on probation violation for 10 months and came home april of 2005. i haven't been in any trouble since then my felony is 15 years old and my assault charge is 18 years old. can i get these expunged?
Jason Witt
1/12/2019 10:46:50 am
Convictions involving violence are generally not eligible. Multiple convictions from different incidents is also an issue. That being said, you should reach out to an attorney in the county where these charges originated to see if you have any options.
Theodore Raines
1/20/2019 03:15:23 pm
Hi I was charged with obtain property by false pretense a little over 5 years ago and just got off of probation last year. The charge gave me 16 felonies non violent and not drug related or anything, I was wondering if there was any way to get this expunged or how long I would have to wait. The charges were in Rutherford county North Carolina. It was my first time ever in trouble and haven’t been in trouble since. Thanks all the help I can get would be appreciated. No jobs are wanting to give me a chance at all
Jason Witt
1/20/2019 04:22:04 pm
You would need to talk to someone in that county to see if you have any options now as generally there is a 5 year wait period after probation ends for felony convictions.
Karl Messer
1/22/2019 03:16:33 pm
Pleaded guilty to Breaking and Entering when I was 19 in 2000. Before sentencing I left and joined the military and have been serving for 18 years now. I was told by a judge that I need to pay fines and I will get a class E felony on my record. Is it worth getting my recorded cleared?
Jason Witt
1/22/2019 03:30:26 pm
Only lower level Class H and Class I felony convictions are eligible per NC statute.
Richard
1/27/2019 10:37:41 pm
I made an Alford plea to indecent liberties with a minor in 1994. It was a class H felony at the time. I received probation and a 250 dollar fine. Can this be expunged? I was told I did not have to register as a sex offender but would like to clear my record if possible.
Jason Witt
1/28/2019 12:47:32 am
What county is this charge from?
Richard
2/2/2019 09:00:19 am
It was in Northampton County, looking for advice on the matter.
Jason Witt
2/2/2019 10:12:48 am
You would need to reach out to an attorney in that county to determine your options as that is where anything would have to be filed.
Doug
2/5/2019 08:08:08 pm
1981 conviction of misdemeanor....2007 conviction of dui. Is there a chance to expunge just the misdemeanor?
Jason Witt
2/5/2019 08:15:29 pm
What was the 1981 conviction? Is that your only non-driving related conviction of any kind?
dKing
3/2/2019 08:02:15 am
I have a PWIS marijuana conviction in 2009 wake county and i have a few FTA afterward as well as a DWI 2018 in Lee County. Can i get the Class I PWIS conviction expunged? there was a poss of cocaine charged that was dropped. Do I qualify?
Jason Witt
3/2/2019 11:33:22 am
If you only have the one Class I felony felony conviction (besides the DWI) you should be eligible after 10 years. You would need to speak with someone in Wake county as that is where the petition would have to be filed.
Bridget
3/3/2019 05:58:24 pm
I have a misdemeanor assault charge back in 1999. The judge put In my file not a threat to the person I assaulted. Can this be removed off my record? I want to go to nursing school and I ‘be read many things that say some will take you and some will not. This was the first time I had ever been in trouble so I pleaded guilty. The person I assaulted was asked by the DA did she want to go through with the charges and she said yes.
Jason Witt
3/3/2019 06:24:57 pm
Convictions involving violence, such as assault, are not eligible per statute. That being said, perhaps you could ask an attorney in the county of the charge about reopening the case via a "MAR" or Motion for Appropriate Relief to see if it can be dismissed.
Paula
3/28/2019 02:25:17 pm
Is embezzling expungable?
Jason Witt
3/28/2019 02:27:39 pm
If Class H embezzlement then it may be eligible depending on your age and the age of the conviction. A dismissed reckless should be eligible if no felony convictions.
June Whitaker
4/1/2019 05:59:10 pm
My niece was advised by her court appointed attorney to plead guilty to one Class H felony. She has mental issues that are believed to have caused her to not be able to contribute to her legal defense. Is there a way to have the conviction expunged or dropped to a misdemeanor? She is an indigent and now does not qualify for housing assistance.
Jason Witt
4/1/2019 06:56:36 pm
If this offense occurred after she turned 18 and it has been at least 10 years she may be eligible for an expunction. Trying to go back and undue a guilty plea to a felony is not going to be easy. At this point she needs to contact an attorney in the county of the conviction to discuss her options.
David
4/2/2019 08:10:20 am
I have a felony conviction of posses schedule VI (principal) in 1994. I was 21 at the time of the offense. I've read the statue, and it looks like my problem is I have a lot of other charges from the early 90's that I was convicted of. With these other charges (DUI in the early 90;s, intoxictaed and disruptive in the later 90's and a possess drug paraphernalia as well), it seems I cannot have my felony expunged. Would that be a correct assessment?
Jason Witt
4/2/2019 08:26:01 am
Traffic offenses should not be a problem, but the other two convictions are an issue. Contact an attorney in that county to see if those convictions can be reopened and dismissed.
Joshua Stockton
4/10/2019 02:15:52 pm
I took a plea deal pleading to one count of felony breaking and entering my question or comment would be if after I have fulfilled all probation restitution etc and receive no more convictions over the course of the mandated 10 years is this charge eligible for expungement?
Jason Witt
4/10/2019 03:35:17 pm
The following convictions listed below are not eligible. That being said, you should always consult with a local attorney because if you can get a judge to sign the order then it can potentially be expunged if it is not eligible.
Stacie J.
4/17/2019 12:47:23 am
I have a Class G felony for sell & delivery of a Schedule II substance (which was 5 pain pills). My felony conviction date will reach its 10 year mark on 4/20/19. Has there ever been a case where the Class of the felony can be changed to an H in order to get an expungement granted? It's been so long ago and I have done many things to prove I am a different person now and have character references.
Jason Witt
4/17/2019 09:08:43 am
You would need to have the case reopened. I have never seen it done with a serious felony, but it is technically possible.
Will
4/18/2019 10:48:19 pm
I was charged with drinking under 21 and driving and was not charged with DWI since BAC was less than 0.08 and I didn't show signs of impairment. I plead guilty in 2002. I was 19 at the time. Can this be expunged since it was not a DWI?
Jason Witt
4/19/2019 10:13:57 am
It appears that charge may be possible to expunge, although I have never attempted to do so.
Chris
5/17/2019 04:10:57 pm
I was charged with simple assault on then boyfriend only out of self defense. The charges were not filed by him but the officer who I called at that time. This was my first offense and last. I was given sentence to complete counseling and paid a $150 fine & 12 months unsupervised probation. My charge was for simple assault. I had no lawyer because I was unaware of the affect that the charge would have on my record! To make a long story short I was never offered a lower sentencing or charge by the judge considering that this was the first time I got in trouble and as stated before it is currently the only thing on my criminal record. It happened 17 years ago. Can I get this expunged or dismissal?
Jason Witt
5/17/2019 07:04:06 pm
Convictions involving violence for offenders over age 18 are not eligible.under NC law. You would need to speak with a local attorney about having the case reopened and dismissed.
Jessica M
5/29/2019 02:48:41 pm
Hi, I was convicted of a dui/death by vehicle and served 37 mos. Any likeliness for that to be expunged? Thank you
Jason Witt
5/29/2019 03:09:22 pm
Only lower level Class H and Class I felony convictions are currently eligible under NC law.
Sharon
6/20/2019 12:45:31 am
Does a federal charge effect trying to get a state charge expunged?
Jason Witt
6/20/2019 06:29:25 am
I believe it could, although I have never encountered that scenario.
Del Rowe
7/6/2019 09:54:39 am
Hi, My wife took a 50-B out on me in 2000 and I broke the order no violence and plead guilty...when the case is looked up it says expired what, if any are my choices I would love to get this expunged cause my wife and I are still married for 26 years now
Jason Witt
7/6/2019 03:10:25 pm
Unfortunately Class A1 convictions are generally not eligible for expunction in NC. You should reach out to a local attorney to see if you have any options such as reopening the case.
James Stubbs
7/15/2019 07:04:58 pm
I plead guilty to a conspiracy to commit RWDW in. 2003 and received 3 yrs probation. Well its been 12 years and if I can't get a expungement. Is it possible that i reopen the case and fo for a not fuilty plea. Because the person they said I conspired with got off with my plea. But he had been to prison for RWDW. . so do i have a fighr to ge it reopen. I heard that its a new law about to help people with a crime that hasn't been in anny trouble since that.
Jason Witt
7/15/2019 07:40:29 pm
Only lower level Class H and I felony convictions are eligible. You would need to speak to a local attorney to see if you have any other options.
Darren
7/19/2019 09:44:41 pm
About 15 years ago I was charged with a class I felony b&e in Cabarrus county. The first and only offense I had and will only ever have. I know that the new laws have changed a lot in the last few years, but I was wondering if there's any chance of an getting in expunged? I was older than 18 at the time and I know that makes it a little difficult to do so.
Jason Witt
7/19/2019 10:39:45 pm
You would need to speak with someone in Cabarrus county as felony convictions for B&E are often not eligible.
Anonymous
8/16/2019 07:52:55 am
I pled guilty to unauthorized use of a vehicle. I was put on 12 months unsupervised probation. Can I have my record expunged early?
Jason Witt
8/16/2019 10:26:03 am
Would need more information such as your age at the time of the offense, how long ago you were convicted, whether you have any other convictions....
Donshe
8/29/2019 11:54:38 pm
I was convicted of common law robbery in 2014, I was 20 when convicted, I served my time and completed my post release probation, is it possible to get my record expunged.?
Jason Witt
8/30/2019 08:24:42 am
Class G felony convictions are generally not eligible, but you should contact local counsel to see if you have any options.
Jeff
9/3/2019 12:22:40 am
I got convicted of Communicating Threat back in 1999. Only 1 Faulty Equipment ticket since then. Can that charge be expunged ? I'd like to get my CCW License but can't because of the Communicating Threat conviction.
Jason Witt
9/3/2019 08:38:58 am
You should be eligible as the driving offense is not a disqualifier.
robert simpson
9/8/2019 02:36:13 am
Hi jason I have two separate felony convictions are there any new laws to help with expungement thanks!
Jason Witt
9/8/2019 10:19:44 am
Were your separate felony convictions from different incidents and resolved on different court dates?
matthew w eye
9/25/2019 07:26:52 am
got 3 dui in the 90s while in army at fort bragg my dl is permently revoked now live in ny cant drive until nc cleares me can i get one of my duis expunged then not have to have a dmv hearing and be cleared to drive because i will only have 2 duis on my record
Jason Witt
9/25/2019 10:03:21 am
DUI convictions are not eligible per NC statute.
Anonymous
12/12/2019 03:11:17 am
Case from 6 years ago. No longer in NC and have no plans to ever return. Case not dismissed, pled "no contest". 2 class A misdemeanors, 1 violent from same incident. Can I ever hope to get it expunged and sealed and find meaningful employment and have a normal life again? Lawyer specializing in record expungement said my ex would have to go back on the charges she filed against me in order for anything to happen. What do you think?
Jason Witt
12/12/2019 09:42:54 am
Convictions involving violence from incidents that occur after age 18 are not eligible per NC statute.
Reg
1/25/2020 09:10:58 am
I was convicted and served 7 years in federal prison for distributing drugs from state to state 26 years ago. That was my only time every getting in trouble and have been trouble free since. Having this on my background has cost me my job. Can I have that removed? It took place in Lee county, NC.
Jason Witt
1/25/2020 10:13:43 am
You would need to speak with someone in Lee county to confirm your options, but only lower level Class H and I felony convictions are eligible.
Donna Thomas
1/29/2020 02:23:02 pm
Hi,
Jason Witt
1/29/2020 04:38:13 pm
If both convictions were from the same incident and you have no other convictions of any kind you should be eligible.
Richie
2/7/2020 11:16:31 am
I was convicted of possession with intent to sell and deliver cocaine over 30 years ago. No trouble since then, that’s the only thing on my record.. can it be expunged?
Jason Witt
2/7/2020 11:30:25 am
You would need to speak with someone in the county of the charge as the following is specifically excluded under NCGS § 15A-145.5:
Tassanee Wright
2/12/2020 01:25:41 pm
I have a simple assault charge on my record . I was arrested but not yet convicted . I already know it will be dismissed . How can I get it off my record .
Jason Witt
2/12/2020 02:50:33 pm
Once the charge is dismissed you can immediately file for an expunction.
David Parker
4/4/2020 04:09:28 am
So...i have more than a couple misdemeanor domestic violence charges. I know that the dv charges are not eligible for expungment.
Jason Witt
4/4/2020 10:52:24 am
You would need to speak with someone in that county to gauge your chances of reopening an old case.
Randi Leah Thomas
4/29/2020 12:20:44 am
I was convicted of Felon Cheat Property/Services on February 29, 2012 and Felon Possession of Stolen Goods on April 10, 2012. These are my only two actual convictions however I have multiple misdemeanor & felon charges that were dismissed before my felony convictions. Thus far would I be correct to say that I can apply for all the dismissals to be expunged (in the appropriate county)?!? However but due to the fact that I have two felony convictions (that occurred on different dates) instead of only one then I'm automatically disqualified for either felony to be expunged!?!? It doesn't matter that I completed my probation without it being revoked, paid all my restitution/court costs, & lastly have not been charged with ANY more charges since!?! Unfortunately, all my legal problems came to be when I became addicted to opiates after going through a appendicitis that ruptured from gain-green infection! All of the legal charges/troubles I managed to acrew was within a three year period. Not only have I managed to stay out of legal trouble since but I have also done a lot to turn my life around! Including going to a extensive rehabilitation period where I went to detox first, then to a three month Christian based (work camp) rehab, next to a half-way house in Wilmington NC for five years, & lastly worked at Wilmington Treatment Center as a admissions & substance abuse counselor. I also took on-line classes to help me obtain my masters degree in Education (only six more credit hours needed)! To only find out now that I can't get my two felonies expunged therefore I probably will never be able to return to the career that I loved with a passion;Teaching Middle & High School High-Risk Teenagers (so very disheartning)!! Sorry this is so long but I look forward to hearing from you soon :-)
Jason Witt
4/29/2020 07:35:09 pm
Unfortunately you may not be able to expunge anything, because the AOC form to expunge dismissals requires you to certify you have no felony convictions. That being said, you should keep an eye on possible upcoming changes to the law as referenced in the blog above under the "NC Second Chance Act" and contact a local attorney as my understanding is anything is possible if you can convince a local judge to sign the order.
Jeff Reichert
1/20/2021 11:14:37 am
I have a PJC for assault on a female from 1998 which was dropped from a rape charge. I hired an attorney who is now disbarred, and I was leaving to marry an ex in California, and I went to two court appearances before the judge would let me leave NC under the requirement that I leave a way to contact me once I got there. I got a call from my attorney about a month later saying not to worry about it anymore it's been taken care of. I never knew it had been dropped to Assault on a female until recently. This was a case of a jilted lover trying to keep me here in NC, and actually found me on Facebook a few years back apologizing for it. Is there absolutely no way to get this expunged?
Jason Witt
1/20/2021 12:56:48 pm
What county is this charge from?
James
4/10/2021 03:33:02 am
Any hope for felony cruelty to animals to be expunged it is a class H
Jason Witt
4/10/2021 09:30:33 am
I have never encountered that charge before. You could always try and file- the worst thing that can happen is the Judge refuses to sign.
Will
5/10/2021 10:28:36 pm
In 2001, I was plead guilty to MISD B&E (PRINCIPAL) and was sentenced to 6 months SS with 36 months probation. It shows up on background checks as CLASS H felony. This has caused me a lot of hardships along the way but I've managed to get through most and excel in my field. I would like to have this cleaned up any way possible.
Jason Witt
5/11/2021 11:37:28 am
What county is this conviction from?
casey
6/25/2021 12:03:29 am
In 2016 I turned myself in on a FTA regarding 2 shoplifting charges. I did my community service, 1 charge was dismissed and I was convicted on the 2nd shoplifting charge. Im 38 yrs old, never in trouble before that or after. I have printed my petition for expungment as from what I have read I qualify to try for it. I was in active addiction during the time of those charges and have been clean since the day I turned myself in back in 2016. Am I understanding correctly that I qualify? Thank you so much!
Jason Witt
6/25/2021 09:09:06 am
You should be eligible if that is your only conviction and you meet the time requirement.
J.S
7/28/2021 06:11:52 pm
28 years ago a kid just turned 16 by 1 week and was charged with discharging a firearm into occupied property. Deal was plead guilty and no prison time or probation. Haven't had any charges since. Is it possible to get a expungement?
Jason Witt
7/28/2021 06:19:21 pm
Only lower level felony convictions are eligible. That being said, I would recommend reaching out to an attorney located in the county of this charge to see if there are any options.
W. H.
9/24/2021 03:31:23 pm
I have a misdemeanor assault (domestic) from 26 years ago. I have since been diagnosed with PTSD (in remission) in reference to an incident that led to this incident. I am still happily married to the same woman. Is there any way to use the PTSD diagnosis to expunge this?
Jason Witt
9/24/2021 03:46:48 pm
I assume this was a conviction- what county is this charge from?
Nicholas
9/30/2021 07:58:42 pm
I have an assault charge from 2007 and I think it has a firearms ineligibility attached to it. I live in Hawaii now and am trying to get my long gun permit to hunt.
Jason Witt
9/30/2021 08:39:58 pm
What county is this dismissal from?
Jeanine
3/2/2022 12:08:37 pm
I was charged with Simple Assault when I was 16. I am now 31 and trying to see how I can get this expunged. I called a lawyers office and they told me assault charges cannot be expunged. Is this true?
Jason Witt
3/2/2022 02:43:00 pm
If you were under 18 when charged it may be possible. What county is this conviction from?
Diamond
3/23/2022 09:09:36 pm
I was charged with 3 counts of felony fraud credit card charges but they are labeled misdemeanor on my reports due to no priors. Charges were back in 2018, disposition was 2019. I paid all of restitution 4,000 before probation. I was given 12 months probation, I completed 6 months supervised and the rest was unsupervised because of my good behavior. I was told at the time by my lawyer I can get this expunged in 5 years. Now, it's been 3 years and it's becoming a headache trying to get better higher paying jobs, I'm just wondering if it's possible I can get this expunged before 5 years? I haven't been in any trouble before nor after this charge. What can I do?
Jason Witt
3/24/2022 09:13:59 am
If you were over 18 when charged you prior attorney is likely correct.
Venkat Arey
10/6/2022 06:07:19 pm
I was charged with misdemeanor larceny in 2017. Having a proper legal representative I had 1 year of unsupervised probation. Now today (October 6, 2022) am I eligible for expungement. My lawyer said I need to wait for 5 years after the period of unsupervised probation and he mentioned I am eligible for expungement after or on July 18, 2023. If i prove that I had a good conduct till today (October 8, 2022) from the date of conviction will the judge be able to grant me permission to get my charges expunged?
Jason Witt
10/6/2022 06:48:46 pm
1. How old were you when the offense was committed?
Jeff Squires
1/9/2023 03:30:37 pm
I was 19 when the 3 misdemeanors occurred and they were all dismissed and I was 36 when the offense occurred in 2011. That charge was dismissed as well. They are all misdemeanors.The 3 misdemeanors were in all 1 occurrence and they were in Mecklenburg County and the 1 was an assault charge that occurred in Stanly County in 2011 that was dismissed. I have never had any felonies.
Jason Witt
1/9/2023 04:39:07 pm
Expunctions are county specific so you would need to file petitions in both Mecklenburg County and Stanly County.
Chad
4/4/2024 04:17:53 pm
I don't see how the state of NC or any other states are not guilty of violating the constitutional rights of someone that was charged with a crime that they didn't commit and the case was dismissed or found not guilty and the state still puts the charges on the innocent person's criminal record and the police and district attorneys can and DO use charges that people were not convicted of and were dismissed as grounds or probable cause to file future charges against them and they also use dismissed charges and not guilty charges against you in court and the police use dismissed charges against you as a reason for charging you for another crime that you didn't commit and the magistrates also use dismissed charges against you and will set a ridiculous high bond on you based on them. I know because I have dealt with this myself recently and I don't have any conviction on my record but I have a few not guilty and dismissed charges on my record that has cost me jobs, thousands of dollars for bail, and personal property that I have not got back from the corrupt cops that unlawfully searched my car when I was in the post office and stole my gun that I lawfully own and he charged me with CCW when I wasn't in the car and my gun was locked in my trunk which is not CCW and he had no probable cause to search my car but he said I was charged with CCW 15 years ago which was dismissed for the same reason that this cop was trying, and he said he was going to charge me for CCW for having a dismissed charge on my record. I beat that charge and it was dismissed but I still haven't gotten my property back even with the court order saying they have to return my gun to me and now I have another dismissed charge on my record that they are going to use to violate my rights again. This is double jeopardy and unlawful plus major violations of my constitutional rights and something needs to be done about this because people are going to get tired of this crap and start fighting back against this unlawful way we are being treated.
Eleanor Kelly Collins
6/14/2024 06:03:44 pm
If you have a felony conviction from 1997 for burning of personal property, can that be expunged?
Jason Witt
6/14/2024 06:23:54 pm
Class H felony convictions are eligible for expunction. Your comment will be posted after it is approved.
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