Recent changes to the expungement law in North Carolina have made it easier for those with non violent misdemeanors and felonies to clear their record. It’s important to maintain a clear record in order to live your day to day life freely. Having a record can make things like applying to jobs and finding housing impossible.
The new law in North Carolina reduces the amount of time until offenders can expunge their records of their charges. Now, misdemeanors can be expunged in as little as five years while felonies can be expunged in 10 years in some cases.
Note that those convicted of the following misdemeanors or felonies are not eligible for expungement in North Carolina under the new regulations:
- Sex offender
- Misuse of a commercial vehicle
- Hate crimes
- Possession of methamphetamines or heroin
- Selling cocaine
Once you’ve determined you are eligible for expungement in North Carolina, you need to get an affidavit notarized. This needs to be verified by two people who are not related to you and it should state your moral character. You need to have no additional charges (other than traffic violations) since your original charge.
Next, you will need to complete an expungement petition and serve the district attorney in the court where the charge was filed against you. This will be signed off assuming you’ve completed the other requirements correctly and you have the proper documentation from the original case. After receiving the district attorney signature, you need to officially file the expungement petition with the clerk of courts which requires a fee.
Finally, you will need to wait for the verdict on your petition. In some cases you may be required to report to a court hearing to revisit the terms of your case. Once a petition is filed, it’s simply a matter of waiting for the final decision. This can take upwards of six months.
If you are unsure whether you qualify for expungement under North Carolina’s new law, speak to an expert at the Sparrow Law Firm who can review your individual case. Our expungement lawyers have experience navigating the North Carolina expungement process and are available to assist you through this process.