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Expungement in North Carolina

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A criminal conviction or a criminal charge can have a multitude of consequences. For example, a public housing authority can deny federally assisted housing based on an arrest that never led to a conviction. Private landlords can deny a person’s application. Also, employers can terminate someone with a criminal record. Further, insurance and loan rates could be influenced by a person’s criminal record.

Expungement can remedy these obstacles. Hiring an experienced attorney can help you navigate the expunction process and represent you in a hearing if needed. At Hauter Law Firm, PC, we know the expunction process and how to navigate it in North Carolina effectively. We can help you throughout each step of the process.

What is Expungement?

An expunction is a legal process to remove a criminal conviction or a criminal charge from a person’s record and seal or destroy the state’s records of the arrest, charge, and or conviction. Therefore, public records of an arrest, criminal charge, or criminal conviction that has been expunged will be cleared from your record.

What are the criteria for expunction?

Generally, expunction in North Carolina is limited to the following categories:

  • A first-time conviction of a nonviolent offense,
  • A first-time conviction of certain crimes committed before age 18 and 22, and
  • A charge that was dismissed or disposed “not guilty.”

When can I file an expunction?

It depends on the offense and the statute applicable to that offense. Some laws allow the process of expunction to begin immediately while others require a waiting period.

Does this mean that my expunged conviction cannot be used for federal immigration decisions?

Expunction does not relieve you from all consequences of a charge or conviction; there are some rare exceptions. To get a more detailed answer for your circumstance, I recommend contacting an experienced lawyer to provide a more detailed solution.

Does this mean that all misdemeanor conviction and felony conviction will be cleared from my record?

It depends on the charge and the North Carolina statute applicable to the conviction.

When applying for a job, can I leave out an expunged charge or conviction?

Yes, if you are entitled and obtain an expunction for a conviction or charge, you can leave out a reference to that conviction. This also means that a conviction or charge will not be disclosed or revealed when an employer conducts a records check (N.C. Gen. Stat. § 15A-153).

Some employers require that I make a declaration under penalties of perjury that all information on my application is true and accurate. Will I be committing perjury if I leave out a charge or conviction that has been expunged?

You will not be committing perjury or be guilty of perjury for leaving out any expunged arrest, apprehension, charge, indictment, information, trial, or conviction in response to the questions asked on your application if you are applying for employment in North Carolina (N.C. Gen. Stat. § 15A-153(b))

We Can Help You Today

Expungement can be a lengthy process in North Carolina. Hiring an experienced North Carolina criminal attorney can help you navigate the expunction process and represent you in a hearing if needed. At Hauter Law Firm, PC, we know the expunction process and how to navigate it effectively. Call us today at 252-226-6878 or contact us online to schedule a free confidential consultation so we can get started on your case.

Resources:

casetext.com/statute/general-statutes-of-north-carolina/chapter-15a-criminal-procedure-act/subchapter-i-general/article-5-expunction-of-records/section-15a-153-effect-of-expunction-prohibited-practices-by-employers-educational-institutions-agencies-of-state-and-local-governments

nccourts.gov/help-topics/court-records/expunctions

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