They are reflected as “pending charges.”. I was charged and convicted of FELONY EVADE AND ELUDE (class H) in 2012. Removing multiple convictions will not be so easy. to have his record cleared ?? can i get these expunged? Dubbed The Second Chance Act, the legislation allows certain felonies and misdemeanors committed before Dec. 1, 2019, to be expunged from a juvenile's record.It also eliminates barriers that limit certain nonviolent crimes to be removed from an … Reach out to an attorney where the charges originated. After i completed that, i was eligible for an expungement. Also is careless and reckless (dismissed) expungable? Older DWI's can still be considered by the court as a regular aggravating factor. You would need to speak with a local attorney to see if anything can be done. The process typically takes 9-12 months, but varies by county. I was convicted and served 7 years in federal prison for distributing drugs from state to state 26 years ago. Convictions involving violence such as assault are not eligible. Hi I was convicted of possession of stolen goods and then one year later I was convicted of felony breaking in entering this happen 35 years ago after I was 18 can I get two separate class H convictions expunged with this new law thanks. Thanks in advance for your response. In North Carolina, an expunction is the destruction of a criminal record by court order. If rejected, where in the process would this most likely occur? In 2015 I got a dwi that was vd by the court and looks like it could be expunged. I have two different charges misdemeanor larceny and employment benefit fraud. In 2004 I was found guilty of obtaining property by false pretense. I researched and seen that I need form AOC-CR-264 but it isn’t available on the nccourts website. Hi I was charged with a infraction and resisting arrest this was about 2 years ago. I completed the probation period of 1 year + community service per the court order. Contact an attorney in county of the 1995 misdemeanor and see if you can reopen that conviction via a MAR and obtain a dismissal. Sell and deliver is usually a Class G felony and therefore would not be eligible if the charge resulted in a conviction. You need to contact local counsel in the county of the worthless check conviction rather than attempt anything on your own. Is this something that is eligible for expungment? (s) (Official Use Only) PETITION TO EXPUNGE I hereby petition for an expunction pursuant to G.S. I want to know will this stay on my record ? Is embezzling expungable? Even if the DA objects the Judge should have the final call. Am i eligible for an expungement? No incidents since then but I can't get an apt with those misdemeanors on my record wat can I do? Hi Jason. I want to know if I can get my record expunged was charged with a felony of assault in 2012 wanted to know what needs to be done in order for me to clear my record. Procedure varies by county. Thanks for taking time out of your day to help citizens like us. Will this clear me to get my permit? Will either of them cause me to fail a background check for teaching licensure. It resulted in a delayed deferment and ultimate dismissa because I competed the classes (first time drug charge)l. I submitted for an expungement of the arrest record but it did not clear as apparently I used my one and only expungement back in the late 90s. Your only remedy at this point may be a pardon from the governor. In 2005, I received a Class 3 misdemeanor, non-violent, hunting violation. Class H should qualify after a 10 year wait period under the new law. I am trying to pull together information and put together a letter for the governor about this issue. § 14-318.2. I would certainly recommend hiring an attorney. By wiped clean they probably meant the charges would be dismissed. You are likely looking at a minimum 5 year wait period on the convictions in Wake Count if you were over 18 when charged. They were both misdemeanors. I was convicted of possession with intent to sell and deliver cocaine over 30 years ago. What county were the charges from? Felony convictions wait period reduced from 15 years to 10 years. Clean record since. Do either of these charges bar me from petioning for expungement? I am now disabled, and can't travel to appear there in court. Thanks a lot. I lived in Georgia at the time. If you want dismissed charges removed from your record you would have to petition for an expunction. If I'm reading this correctly, the expungement from 25 years ago wasn't a "once in a lifetime", however I seem to remember that you can't expunge ANYTHING if you have been convicted of certain crimes. Best way to make sure process is done correctly the first time is to use a lawyer as procedures vary by county. I was 16 at time of offenses and 17 at time of conviction. It should be eligible if no other convictions other than traffic offenses. My question is, our last go around in court i wound up being charged for "comunnicating a threat" for which the magistrate filed the paperwork for me to get picked up on that charge and i was issued a "restraining order" and an "exparte" order as well. See N.C. Gen Stat. Both tickets have the same date of disposition (and occurrence). Case is pending. If it is a Class H or Class I felony then it should be eligible. Convictions involving violence for offenders over age 18 are not eligible.under NC law. I found it myself online. i did have a attorney, buncombe county. No other charges before or since. How long ago were you convicted of disorderly conduct? 21 when I was convicted. Multiple convictions from different incidents creates a problem. You should reach out to an attorney in the county where the charge originated to verify whether you qualify.. I met with a second attorney just to see what he thought.. thats when i found out they charged each check as a felony.... but basically he was saying the same thing its a lot. Is that possible with 1 count of trafficking cocaine? 2017-195 (S 445), the General Assembly made several changes to North Carolina’s expunction laws. If that is your only conviction of any kind (not counting traffic tickets) you should be eligible. I was charged with felony assault by strangulation in 2010. If it was a felony conviction- what class? I was convicted in 2011 of involuntary manslaughter. Although our main office is in Winston-Salem, we offer … That being said, crimes involving assault or violence are not eligible, so it depends on the facts of the case. I have one misdemeanor larceny conviction from 2004 after my 18th birthday. I just want my hunting privileges back. Deletion of Records Deletion of records is addressed by the specific expunction statute governing the criminal matter to be expunged and a generally applicable set of procedures on … Contrary to common belief, opportunities to expunge a criminal record in North Carolina are not common. Can this be removed off my record? One thing I have to say about this offense is that the justice system treats people charged of this in a very harsh manner that is not necessary. What can I do? That being said- you could seek an attorney in the county where the charge occurred about reopening the case or consider contacting the Governor for a pardon. I was convicted of misdemeanor breaking and entering and misdemeanor larceny. You could potentially expunge an unlimited number of dismissals at one time if they were all from the same county. Only lower level Class H and Class I felony convictions are eligible per NC statute. and how can I manage to do it from my country where I'm from since I can't go to the US?, I want to have my record clear to apply for a visa. VD = Voluntary dismissed. NC Expungement Attorney Wiley Nickel handles expungements for the entire state of NC. Could it be expunged? (a)        If any person is charged with a crime, either a misdemeanor or a felony, or was charged with an infraction under G.S. I caught a cocaine charge in 1993, it wasn’t even a gram. Hi, I was convicted of a dui/death by vehicle and served 37 mos. Here is more detail. What can I do? If you do not hire an expungement attorney in North Carolina you’ll have to determine which statute applies to your situation and file a petition. The only felony convictions that are eligible are lower level Class H and Class I. Main concern is background checks for employment. To take the 90-96 I had to plea guilty. Thank you for answering questions. What can I do? An expunction (also called an “expungement”) of a criminal record restores the individual, in the view of the law… Is this a case of ID fraud or did you actually receive this ticket? Can I get an expungement on the larceny? Is there absolutely no way to get this expunged? North Carolina Expungement of a Conviction Service; FREE Eligibility Test Full General Statutes Section 15A-145 through 15A-149 § 15A-145. The new law has a 5 year wait period assuming you have no other convictions. Am i able to reopen that case and get it dismissed in Wayne County NC? Some of the major changes are as follows: Unlimited expunctions of dismissals and not-guilty verdicts. Additionally, there is no waiting time period, no filing fee, and multiple petitions can be filed. That being said, it is not a regular part of my practice so I am not the best person to give advice on that issue. Other than that I think I have 1 misdemeanor from when I was 16 and a few dismissals. I was charged with assault on a govt official, it was reduced to disorderly conduct for which I received a Prayer for Judgement. My husband had a conspiracy to commit assault. If you were over 18 and it was not a drug related offense then you are stuck with the 10 year wait period for a felony per statute. You would likely have to get the new conviction re-opened and dismissed first. I am a mass. Also the other co defendants got it completely dismissed. Case from 6 years ago. Larceny, prostitution, drugs can clear their names but a one time .08 mistake can't?! This field is for validation purposes and should be left unchanged. By Jason Schaumburg (The Center Square) – Gov. You can't expunge a charge until it has been handled. I’m trying to complete my own forms for expungement. Usually you need the consent of the DA to reopen a case so mostly it depends on if they care about the charge or not. There are about 20 different. It should be eligible for expunction depending on the conviction date. I also took on-line classes to help me obtain my masters degree in Education (only six more credit hours needed)! DWI's within the prior 7 years are a grossly aggravating factor. And would there be a waiting period and fee to apply for an expungement? In 2017, state legislation updated North Carolina’s expunction laws. If by removed you mean expunction that usually takes 9-12 months to finalize due to the backlog in Raleigh. no other convictions This was 19 years ago. then between 2000 and 2002 had some misdemeanor worthless checks. Cases in which there was a dismissal of charges or a finding of not guilty can be expungement … Reading and researching it states that I am. DUI convictions are simply not eligible per statute. When I was 16, which was 2012, I committed a numerous amount of charges. can anything be expunged? Convictions involving violence are simply not eligible per statute. Also, what traffic offences will invalidate the expunction? Every question I asked the arresting officers response was "I do not recall". Its been 22 yrs and ive paid a lot of dues.... That being said, it is always worth a try- the worst that can happen is that your request is denied. So with your Witt law pa attorneys do they do help with expungements? North Carolina's expungement statute, allows for one adult expungement per lifetime. How true is this to a non violent felony? they need job to take care of family. I've since had a DWI charge that was dropped. He's trying to find out if he is eligible to petition to have the charges expunged before he hires a lawyer. I've read the statue, and it looks like my problem is I have a lot of other charges from the early 90's that I was convicted of. Possess schedule II (principal) *** The listed limitations are for the general conviction expunction statute NCGS 15A-145.5, there are other expunction statutes for people who were under the age of 18 or under 22 at the commission of certain drug offenses. For felony intent to sell and deliver cocaine.. can it be expunged? So...i have more than a couple misdemeanor domestic violence charges. The year before that I was charged with failure to return rental properly but this case was dismissed as well as I was never charged and did not pay fees to the court. Call for free consultation for information about NC Expungement laws. Once again, the wait times have been growing as the new law allows more people to be eligible and more employers require a clean record. My sentence was community service/probation I was told several years back I wasnt eligible for expungement is this true? A PJC is treated just like a conviction for expunction purposes. That being said, it may be possible to change the PJC into a dismissal or not guilty. Well its been 12 years and if I can't get a expungement. Pay anything if the carolina state law expungement process or the sooner you must be to happen. My son was charged with a dwi when he was 21 ( was driving home from work at food lion and hit a check point where they said they smelled pot) he went to college and the case was continued for 3 years , he hired a lawyer but was convicted in 2014 . I was in high school, under 18..what are my options ? You are certainly allowed to represent yourself, but be aware if you do something incorrect you could certainly delay the process many months. She (the victim) told me she was coming to court to tell them what happened but didnt show up. Had a DWI a few months later while in Drug Court. Please be advised that any errors will absolutely cause delays in the expungement process. Completed probation. RESTORATION OF FIREARM RIGHTS. You would likely need to get the PJC converted to a dismissal if you want an expunction because the charge involved violence. My question is am I eligible for expungement in wake county after 5 years for misdemeanor per new law enacted in dec 2017. i.e. Any shot with the misdemeanors because I was 21? I was 21 at the time of the offense. Your comment will be posted after it is approved. Were they all convictions? 5 years ago I was charged with a class I felony of attempting to obtain a controlled substance through forgery/fraud. I have charges that were dismissed still showing up on my background check, do i have to go through the process of getting them expunged? I asked for Deferred prosecution but I have no idea if I will still get a fine . ​No, under NC law there is no automatic removal of convictions or PJC's. Thank you. I had no lawyer because I was unaware of the affect that the charge would have on my record! Are all these convictions? I have a PWIS marijuana conviction in 2009 wake county and i have a few FTA afterward as well as a DWI 2018 in Lee County. That should have been eligible years ago even before the new law- did someone advise your otherwise? While the new laws will not take effect until a bit later this year, it is a good idea to get a jump start on determining your eligibility and discussing the next steps. why do they make it difficult. I had two misdemeanor larceny charges from 1990 that were dismissed without leave by the DA in Watauga County. I need some guided about my past criminal records and trying to get some things cleared off in order to get my felon expunged. Thank you very much for your help! That being said with low level crimes you may be able to go back and re-open old cases and have them dismissed. I got a few charges back in January of 2015. Thank you in advance for your help. Do these charges affect my ability to get any of my charges expunged? The actual process involved and required for expungement in North Carolina varies with each statute under which expungement is requested. I also have a three possession of up to one half-ounce of marijuana charges, two are from 2004 ( June and October ), and one from July of 2008. Felony larceny dismissed. With these other charges (DUI in the early 90;s, intoxictaed and disruptive in the later 90's and a possess drug paraphernalia as well), it seems I cannot have my felony expunged. I also have a previous charge for the same thing but it was dismissed. It should still not be on your public record, but may be visible to law enforcement. We are trying to get 4 charges expunged. Plus other felonies. Are there any options whatsoever? I was charged with a misdemeanor assault 2 years ago, the case was dismissed and i was granted an expungement. We have previously discussed a new law that takes effect in North Carolina on December 1, 2017. I was later convicted of misdemeanor larceny in 1995 when I was 20 yrs old. However I'm not a U.S Citizen and going through removal proceedings right now, can file for expungemnt? Had charges misdemeanors non violent over 10 years ago. 4 months later in 2013 pled no contest to misdemeanor larceny. Bottom line is make sure you understand what you are filing before you file anything with the Court. Class F is considered a serious felony and convictions are not eligible for expunction. Thanks! To make a long story short I was never offered a lower sentencing or charge by the judge considering that this was the first time I got in trouble and as stated before it is currently the only thing on my criminal record. I spent ten days or so in jail awaiting my trial then the judge sentenced me to 2 years probation and I was deported to my country. He has NO charges before or after these charges. The expunction process due to the backlog generally takes 9-12 months to finalize. Is there any possibilities to work out something? There is also no fee to erase a not-guilty verdict. Only H and I felony convictions are eligible per statute. I went to parenting classes, completed probation, have been in no further trouble. Does a second degree kidnapping conviction qualify for expungement? You could try now, but technically you might have to wait until May. Same scenario but i had no lawyer present and i took a guilty plea yet i went through the same as the man in the above post. Convictions in NC involving violence that occur after age 18 generally are not eligible That being said you can always contact a local attorney to see if there is any way to reopen the case and get a dismissal. Along with the 287 form, could you tell me which other forms I would need? The new law makes a much needed change by allowing a person to erase an unlimited number of charges that have been dismissed no matter when they occurred as long as the individual has no felony convictions. what if you had 2 sets of misdemeanor convictions 5 years apart. For example, G.S. I received an open container citation (misdemeanor "poss/cons beer/wine public st") from Chapel Hill PD in 2012 and paid the fine, meaning a guilty disposition. How are they "Verified"? Does this method clear out the arrest records I been charged with things that got dismissed and dropped to lesser charges do I file for those too. I sent comment previously please ignore that. What county are these charges from? My husband was convicted of disorderly conduct in 2007, charge was in 2006. Is the second arrest eligible for expungement? would i use form 15.A -14.5? Any advice? You would need to reach out to an attorney in that county to determine your options as that is where anything would have to be filed. I got a misdemeanor possession of marijuana charge less than a quarter abt 4grams in 2007 Mecklenburg Cty & took a class I was 33 ... then 2012 got another one in Rowan cty I was 37 it was less than a gram am I able to get these removed if so how much do you charge for the process please help desperate, The first one was when I took the class I think the other was I had to pay a fine, Would need to know the exact outcome for each case? My brother has 3 dismissed/not guilty misdemeanor infractions from 2014. Class A1 convictions are not eligible, but if this person was sentenced under a Class 1 then it would seem to meet the definition of a non-violent misdemeanor. North Carolina was one of the last holdouts that charged 16 year old children as adults for any and all criminal offenses- now that mainly applies to serious felony and driving offenses. Are there additional filing requirements? I have 2 misdemeanor larceny convictions from two separate incidents July 2008 and September 2008 age 18 at the time. Can I get this expunged or dismissal? Any criminal conviction will remain on your record indefinitely under the laws of North Carolina. The pre-existing provision for expungement by petition was retained, and must be used for some non-convictions (see below). I was charged with Felony Larceny, and plead guilty to Misdemeanor Larceny in 2003. Any other steps to make to help with my future and career? Can I get the resisting arrest expunged now? Due to having a criminal background I have not been able to find a job in almost 7 years. and that MAR thing? ​As stated above the wait period varies depending on the charge, the age of the defendant, and the nature of the charge. So, let me start by saying that I admit I've made a series of poor decisions over the years. I pled guilty on1/03/2008 to the following: Am I eligible for expunction? Does the DWI void any opp at expungement? Is an 11 ur old misd charge of disseminating harmful material to a minor, expungible? Talk to an attorney in the county of the convictions to see if you have any options. I have a misdemeanor larceny in 2014 and a couple months later a trespassing. Unfortunately you may not be able to expunge anything, because the AOC form to expunge dismissals requires you to certify you have no felony convictions. 2. The petition form must include the appropriate North Carolina General Statute (the statutes are listed in the section of the petition entitled Petition/Motion to Expunge), your signature or your … Guilford The court may expunge your case if it finds it is in the interest of justice and that there is no need for landlords to know about your prior eviction. Family Law, ​Governor Roy Cooper signed a new expungement law that went into effect on December 1, 2017. What county is this charge from? Seems like it would be counter productive to keep a college grad from employment for such a thing? It was a crime committed before 18 years of age and am currently 24 years old. You would need to speak with someone in Lee county to confirm your options, but only lower level Class H and I felony convictions are eligible. Thank you for replying. He should followup with an attorney in the county where the charge orientated. there was a poss of cocaine charged that was dropped. I’ve hit a wall in my career because of this delinquent mistake. If yes is there a waiting period? No jobs are wanting to give me a chance at all. If unsure of the statute your expungement falls under, ask the clerk of court to allow you to look through the North Carolina Law & Procedure Book; the applicable statutes are listed on the Order so you can choose the one that applies. I'm assuming I would still need both 266 and 287 even though I successfully completed the 90-96 program in 2013. for the assault i recieved probation and the possession i recieved probation as well but ended up going to prison june of 2004 on probation violation for 10 months and came home april of 2005. i haven't been in any trouble since then my felony is 15 years old and my assault charge is 18 years old. I caused no accident, I never had any arrest prior or since. I received a misdemeanor larceny charge and completed a first offenders program and received a differed dismissal. I was thinking it would be the 266 form since I was 20 at the time back in 2011. It was back in 1995 in Harnett County. Under the new law there are wait periods for convictions ranging from 12 months to 10 years for those under age 22 at the time of the offense, depending on the exact charge. It really sux being in my late 50's not healthy and being treated like crap by these cops over a a almost 20 year old poss charge,,. I was told you would probably need clear evidence of innocence to do that. I think it's wonderful that you're reaching out to the community. Only lower level Class H and Class I convictions are eligible. Mr. Witt, Does a federal charge effect trying to get a state charge expunged? Many employers will hold that against you (especially since deferred prosecution means you admitted guilt) until it is removed from your criminal history. Only thing on my criminal record a first offenders and my charges lower my charge would be! Believe that is a link to North Carolina ’ s record Center Square –... Have several speeding tickets that were dismssed for improper equipment the old conviction! To do with removing a felony for NC tax evasion in 2001 I made an Alford plea to liberties., … ( the Center Square ) – Gov nevertheless, you can always try and file and... 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