Expunging a Conviction in North Carolina
LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law
In North Carolina, it is possible to have one’s record expunged under specific circumstances. This means that the conviction records are destroyed or removed, and the legal outcome is that it is as if the conviction never existed. Expungement is available if:
- The charges have been dismissed or the defendant is found not guilty
- Identity theft- a different person was arrested or charged using the defendant’s name or identification
- The defendant is at least 18 years of age and wishes to expunge juvenile records (not available for serious offenses)
- The defendant is a first-time offender, less than 21 years of age and charged with a minor drug possession
Expungement is not available in North Carolina in the following situations:
- The defendant has a prior conviction for a misdemeanor or felony- expungement is only available for first-time offenders
- The defendant has already had a conviction expunged (persons are entitled to only one expungement in their lifetime in the state of North Carolina)
- The defendant has pending criminal charges
- Expungement is being requested for a motor vehicle violation- these are mostly traffic infractions and thus do not qualify
A person who wishes to have a conviction expunged must file an application with the court. They will usually be requested to submit pertinent documents to an Expungement Clerk. Such documents may include a Motion for Expungement of Criminal Record, an Expungement Order, and a report of the conviction. Many jurisdictions in North Carolina have eliminated fees for expungement requests.
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Last Modified: 06-18-2010 02:52 PM PDT
