Expunging a Conviction in North Carolina
- 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
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