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North Carolina’s New Expunction Law

March 30, 2017

Criminal

How Can I Get That Stuff Off My Record?

Effective December 1, 2017, North Carolina has an expanded expunction law on the books. The result should be an easier and faster way to get your criminal record clean. Even if you are found not guilty or a criminal case against you is dismissed, it appears on your criminal record as a crime that resulted in you being charged. This sort of information can have a negative impact on a person’s reputation and their ability to obtain employment.

Prior to December 1, 2017, a person was only allowed to obtain one expunction in their lifetime. The reality is that people can be falsely accused or make some poor choices on more than one occasion. Thankfully, this limitation has been lifted and any dismissal or finding of not guilty is eligible to be expunged or removed from a person’s record. Presumably, this can be achieved quickly since the court system will no longer have to confirm that a previous expunction has not occurred.

The newly enacted law also shortens the waiting period for a person to expunge convictions for non-violent felonies and misdemeanors. Previously, a person had to wait fifteen (15) years to file for such an expunction. Non-violent felony convictions can now be expunged after ten (10) years and non-violent misdemeanor convictions can now be expunged after five (5) years. The expunctions for prior convictions have extensive requirements, including requiring a person to show that they are of good moral character.

How can I get my case expunged?

Fortunately, the new law is effective for any offenses, charges, or convictions that occurred or may occur before, on or after December 1, 2017. Helms Robison Lee & Bennett can help. Call us at (704) 289-4577 and we can assist you in the process of cleaning up your North Carolina criminal record.

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