Can a misdemeanor be expunged in NC?
Can a misdemeanor be expunged in NC?
Misdemeanor convictions can now be expunged after 5 years instead of 15. Felony convictions can now be expunged after 10 years instead of 15. There is no more limit on how many dismissals can be expunged. Prosecutors and law enforcement personnel will have access to all records.
How long does it take to expunge a misdemeanor in NC?
The expungement process is not a quick one. Once a petition for expungement is filed, it will usually take between 7-10 months for it to be returned. If there are any errors in the forms filed, the petition for expungement will be rejected and you must start the process all over again.
How much does it cost to expunge a misdemeanor in North Carolina?
The cost to file this expunction is $175.00, which must be paid to the clerk of court at the time of filing. Your particular county may require a certified copy of your criminal record as part of your petition but all counties vary.
Can a DUI be expunged in NC?
DUI expungement isn’t available to people who actually have a conviction. It’s also available to people who have been found not guilty of DWI. This falls under the statute that allows you to expunge dismissed and “not guilty” charges in North Carolina, NCGS § 15A-146.
Can a criminal record be expunged in North Carolina?
In North Carolina, you can expunge certain crimes from your criminal record. An expungement essentially gives you a fresh start – it basically erases the crime so the general public can’t tell it ever happened. Under NC expungement law, you may be eligible for criminal record clearing if you:
Is there a waiting period for expungement in NC?
Additionally, there is no waiting time period, no filing fee, and multiple petitions can be filed. Beginning December 1, 2021, cases dismissed by the DA will be automatically expunged in many cases. But this only begins in 2021 and will apply to cases dismissed on or after the effective date.
What happens to felony charges in North Carolina?
Felony charges, just like misdemeanor charges stay on your record in NC. This includes both convictions and dismissals. 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.
When does the new law for expungement take effect?
Under the new law which takes effect December 1, 2020*, there will be three categories for expungements: A person may apply to expunge more than one nonviolent misdemeanor conviction after a waiting period of 7 years (from the latest conviction) A person may apply to expunge one nonviolent felony conviction after a waiting period of ten years.
When did the expungement law go into effect in NC?
Governor Roy Cooper recently signed a new expungement law that went into effect on December 1, 2017. The main change is a reduction in the wait period to expunge non-violent misdemeanor and felony convictions. A primary goal of Senate Bill 445, which was a bipartisan effort, is allowing more people to clear their criminal record faster.
Can a DWI conviction be expunged in NC?
Expunging a DWI in NC DWI convictions are excluded from the non-violent misdemeanor classification and are never eligible for expungement. If your DWI charge is dismissed or your achieve a non-guilty verdict, you are immediately eligible for expungement.
Can a misdemeanor assault conviction be expunged in NC?
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.
Where to file for expungement in North Carolina?
When expunging a charge or conviction in North Carolina, you must go to the county courthouse where you were charged. For example, if you were charged with a crime in Wake County you must file your petition in Raleigh, NC at the Wake County Courthouse.