If your case was dismissed, you can protect your good name and rebuild your life through expungement (also known as "expunction"). Even though your case may have been dismissed, many people will hold your past accusations against you. Expunction can be an effective way to seal your record and restore your good name.
Expunctions can be tricky because the statutes governing them are rather convoluted. Sometimes judges will initially deny the expunction and it is then necessary to argue the law to the judge.
Effective December 1, 2017, it is now permissible to have multiple expunctions done in a lifetime. The previous law only allowed one expunction per lifetime. Now, a client can have any dismissed case expunged from their record, even if they have had previous expunctions.
You May Be Eligible For Expungement If:
- Dismissed cases (including not guilty verdicts)
- Guilty of a misdemeanor committed before the person attained the age of 18 years
- Guilty of a misdemeanor possession of alcohol pursuant to G.S. 18B-302(b)(1) before the person attained the age of 21 years
- Guilty of misdemeanor larceny pursuant to G.S. 14-72(a) more than 15 years ago and has no prior felony convictions
- Guilty of a Class H felony under certain "gang related offenses" of the general statutes and the offense was committed before the person attained the age of 18 years and they have no other misdemeanor or felony convictions
- Entered plea to certain drug offenses (may include toxic vapors offenses) and the person is discharged and the proceedings dismissed, pursuant to G.S. 90-96(a) or (a)(1)
- Convicted of certain nonviolent felonies committed before they attained the age of 18 years
- Where charges are dismissed or there are findings of not guilty as a result of identity theft or pardon is issued
- Guilty of certain nonviolent misdemeanor or felony offenses after 15 years, regardless of age
If Your Expunction Is Granted
An expunction (also known as expungement) seals official case records that have been dismissed and expunged from public view. Mr. Connelly will personally oversee the process of expungement. When it is completed, all official records will be sealed from the view of the general public. No employees, employers, customers, neighbors, friends, creditors or insurers can see what you have been accused of in the past from these official sources.
Expungement
Often, the expunction order sealing information about your background is compiled by governmental authorities, but private internet sites still maintain the information. There are many private websites that maintain arrest and prosecution records that are not updated to show dismissals, reductions and/or subsequent expunctions. They will then offer to remove it for a fee. However, do not pay for removal as it merely removes it from that website, not others. Seek an expunction which may then result in an order signed by the court which can be used to mandate that the official website and all private websites take down your information. The expunction order can be served upon them and North Carolina statutes require that the website then remove the information promptly. (However, there is no guarantee that these non-official sites will abide by a court's order.)
Expunction Of Certain Drug Offenses After Finding Of Guilty
A rather convoluted and complicated statute (NCGS 90-96) that intertwines with other equally convoluted and complicated statutes, the law allows for a number of scenarios wherein a guilty plea in a drug case can be dismissed and then expunged. These can include instances where someone who has no prior drug or felony convictions agrees to undergo drug education after they have been found guilty of:
- Certain controlled substance misdemeanors
- Possession of drug paraphernalia
- Drug possession felonies
In addition, NCGS 15A-145.2 allows for first offenders under the age of 21 to expunge certain drug offenses, even if they were convicted of felony possession. This expunction must be filed 12 months after the conviction. NCGS 15A-145.2(c)
After the expunction is granted, employers, neighbors, customers, insurers, landlords (and just plain nosey people) looking into your background will find no official record of the charges that were expunged in any official governmental database.
Contact Us About Getting A Clear Driving Record
Call 704-376-9376 or email our Charlotte office to schedule a consultation about clearing your criminal record through expungement.
