Expungements in NC
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Even dismissed charges appear on a criminal record and can hinder job prospects. At Witt Law Firm, we often help our clients wipe a criminal record clean after charges are dismissed. Once a case is dismissed you may immediately apply for expunction. The attorney fee is typically $1,200 and the process can take 6-12 months to finalize. The motion to expunge must be filed in the county and state where the charge originated. If the charge was from outside North Carolina then you must contact an attorney from that state. Each state has their own criteria for erasing criminal records and the laws from that state determine your eligibility.
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Convictions are often more difficult to expunge. Certain convictions involving violence are not expungable. Convictions that occur before a defendant reaches 18 years of age often can be expunged after a 2 year wait period. Generally speaking convictions based on actions committed after a defendant turned 18 are difficult to expunge. For those charged after turning age 18 with certain non-violent offense convictions there is at least a 5 or 10 year wait period. If you are not eligible under any statute you many have other options such as a motion for appropriate relief to reopen and dismiss an old conviction.
Whenever a defendant is charged with a misdemeanor or felony the fact that he or she has been charged will always appear on a criminal record. When employers run a background check they will see you were once charged with a crime. Please contact us to see if we can petition the Court to expunge your record. If you want to learn how to expunge a PJC in NC please give us a call at (704) 493-6851. Be aware that expunctions must be filed in the county where the charge originated and Witt Law Firm only serves Union County and Mecklenburg County, NC.
How many charges can be expunged in NC?
The answer depends on which statute applies to your particular charges, and there are now many different statutes to examine. For dismissals there is no limit to the number that can be expunged. For convictions it varies dramatically based on the exact nature and age of the convictions.
Can a felony be expunged in NC?
Non-violent Class H and Class I felony convictions can be removed from a record. Felony convictions usually require a 10 year wait period, although there are more relaxed rules for certain felony drug offenses. Serious felony convictions (higher than Class H or I) may never be eligible.
What if I am not eligible for expunction?
If you pled guilty to a minor offense without the benefit of an attorney such as shoplifting or possession of marijuana and were a first time offender at the time you were likely eligible for a dismissal via a deferred prosecution program. It may be possible to re-open your case, strike your guilty plea, and obtain a dismissal upon completion of community service or drug class. For the most serious felony convictions a pardon may be your only option.
How long does expungment take in NC?
It takes approximately 6 months to a year to completely remove charges from your official record in North Carolina. The expansion of eligibility for charges and the rise of employers running background checks has dramatically increased the number of motions being filed. This in turn has led to backlog in Raleigh in processing Orders once they are signed by your local Judge.
Cost of expunction in NC
There is no filing fee to expunge dismissed charges, unless the dismissal was pursuant to completion of a deferred prosecution program. The filing fee to erase convictions ranges from $125 to $175.
Do expunged records show up on background checks?
Expunging a criminal charge should clear the entry from your official State record. That being said, there are numerous private databases that are not compelled to update their records. There are also many websites that capture mugshots in an effort to basically extort money from people to remove their picture from the internet. Thankfully, many of these companies claim to remove any such entry for free upon receipt of court paperwork showing the charge has been removed from your record.
New Expungement laws in NC
Governor Roy Cooper signed a new NC expungement law that went into effect on December 1, 2017. Some of the major changes are as follows:
- Unlimited expunctions of dismissals and not-guilty verdicts.
- Reduce the wait period to expunge certain misdemeanor convictions from 15 years to 5 years.
- Reduce the wait period to expunge certain felony convictions from 15 years to 10 years.
- Law enforcement and prosecutors will now have access to expungement records under this new law.
NC Expungement Statutes
N.C.G.S. 15A-146
Allows for immediate expunction of all dismissed charges including both misdemeanors and felonies.
N.C.G.S. 15A-145(a)
Allows for expunction of a non-traffic misdemeanor conviction that occurred prior to turning 18 years old after a 2 year wait period.
N.C.G.S. 15A-145.2
Allows for expunction of convictions for certain drug charges (including felony possession of cocaine less than 1 gram) that occurred prior to turning 21 years of age after a 1 year wait period.
N.C.G.S. 15A-145.1
Allows for expunction of felony gang related offenses that occurred prior to turning 18 years of age.
N.C.G.S. 15A-145.4
Allows for expunction of "non-violent" Class H or I felonies that occurred prior to turning 18 years of age after a 4 year wait period.
N.C.G.S. 15A-145.5
Allows for expunction of one "non-violent" misdemeanor that was completed over 5 years ago if the individual has no other convictions other than traffic offenses. If there are multiple misdemeanor convictions you must wait at least 7 years from the last conviction.
N.C.G.S. 15A-145.5
Allows for expunction of one "non-violent" lower level Class H or Class I felony that was completed over 10 years ago. Also allows for expunction of two or three "non-violent" felonies that occurred within the same 24 month period after a 20 year wait time.
N.C.G.S. 15A-145.8A
Allows for expunction of most misdemeanors and felonies (class H and I) that occurred prior to turning 18 years of age.
Allows for immediate expunction of all dismissed charges including both misdemeanors and felonies.
N.C.G.S. 15A-145(a)
Allows for expunction of a non-traffic misdemeanor conviction that occurred prior to turning 18 years old after a 2 year wait period.
N.C.G.S. 15A-145.2
Allows for expunction of convictions for certain drug charges (including felony possession of cocaine less than 1 gram) that occurred prior to turning 21 years of age after a 1 year wait period.
N.C.G.S. 15A-145.1
Allows for expunction of felony gang related offenses that occurred prior to turning 18 years of age.
N.C.G.S. 15A-145.4
Allows for expunction of "non-violent" Class H or I felonies that occurred prior to turning 18 years of age after a 4 year wait period.
N.C.G.S. 15A-145.5
Allows for expunction of one "non-violent" misdemeanor that was completed over 5 years ago if the individual has no other convictions other than traffic offenses. If there are multiple misdemeanor convictions you must wait at least 7 years from the last conviction.
N.C.G.S. 15A-145.5
Allows for expunction of one "non-violent" lower level Class H or Class I felony that was completed over 10 years ago. Also allows for expunction of two or three "non-violent" felonies that occurred within the same 24 month period after a 20 year wait time.
N.C.G.S. 15A-145.8A
Allows for expunction of most misdemeanors and felonies (class H and I) that occurred prior to turning 18 years of age.
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