A dismissed charge means the State cannot reopen your case for further litigation. However, a dismissed charge remains on your record indefinitely and will be found in background checks. Generally, you can have one non-violent felony or one non-violent misdemeanor expunged from your record. But in certain cases, more than one expungement can be approved.
Additionally, violent felonies, violent misdemeanors, and certain drug crimes are not eligible for expungement at all. In order to expunge a misdemeanor conviction, you must wait five years after the charge. For felony convictions, you only qualify for expungement after waiting 10 years.
If your charges were dismissed by the court or you were found not guilty, there is no charge to file for expungement. The expungement process is not a quick one. A juvenile adjudicated undisciplined may petition the court for expunction upon turning age A juvenile adjudication, with exceptions for certain classes of felonies, is eligible for expunction if the petitioner is at least age 18 and at least 18 months has elapsed since the adjudication. The petitioner must demonstrate good behavior and no subsequent adjudications or convictions.
Juveniles do not need to report expunged proceedings. Certain gang crimes and cyber-bullying offenses committed under age 18 may be expunged as provided in N. In addition, in records of misdemeanors and low-level felony convictions obtained prior to enactment of the Raise the Age law excluding traffic offenses may also be expunged. A Certificate of Relief does not automatically relieve a disqualification; however, an administrative agency, governmental official, or court in a civil proceeding may consider, and an occupational licensing agency shall consider, a Certificate of Relief favorably in determining whether a conviction should result in disqualification.
Procedures for issuance, modification and revocation are set forth in N. Certificate as evidence of due care. North Carolina law does not provide any general fair employment protections. It also provides for robust procedural protections for applicants, including written reasons in the event of a denial and an appeal procedure. This law is significant and worth quoting more fully:. The board shall make its determination based on the factors specified in subsection b1.
Procedural protections for applicants :. After being notified of any potential issue with licensure due to criminal conviction s , an applicant shall have 30 days to respond by either correcting any inaccuracy in the criminal history record or submitting evidence of mitigation or rehabilitation for consideration by the board. No applicant shall be restricted from reapplying for licensure for more than two years from the date of the most recent application. If the board determines an applicant would likely be denied licensure based on their criminal history, the board shall notify the individual in writing of the following:.
Civil rights B. Firearms C. Guides to state relief and collateral consequences II. Authority B. Eligibility C. Effect D. Process E. Frequency of grants F. Contact III. Nonviolent felonies and misdemeanors B. Effect of expungement C. Diversion and deferred adjudication D. The forms are based on your age, charge and outcome of the case, among other things. If you are charged with a felony in NC, you are eligible for a dismissal or a non-guilty verdict.
However, if your case results in a conviction, the wait period depends on the charge and your age. Violent felony convictions are typically never eligible for expungement. If you are charged with a misdemeanor in NC and it results in a non-guilty verdict, you are immediately eligible for expungement. If you are found guilty, the wait period for expungement depends on your age and the specific charge.
Any non-guilty verdict results in immediate eligibility for expungement. However, if you are convicted of Misdemeanor Larceny in NC and you are over the age of 18, you are eligible for expungement 5 years after your conviction. If you are under the age of 18, you are eligible after 2 years. Depending on the charge, the new expungement law stipulates wait periods ranging from 12 months to 10 years for those under age 22 at the time of the conviction.
If your charge is dismissed there is no wait period. You may also be required to successfully complete the program, after which you are immediately eligible. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm. Lawyer Directory.
Call us at 1 In North Carolina, expunction can erase your criminal record under certain circumstances. But not all records can be expunged. If charges were brought against you as a result of mistaken identity or of someone stealing your identity and using your name, you can petition to have the record expunged if: the charges were dismissed there was a finding of not guilty, or the related conviction was set aside. Convictions for certain offenses cannot be expunged, including: Class A1 misdemeanors Class A through G felonies offenses involving assault as an essential element offenses that require you to register as a sex offender , and felonies in which a commercial vehicle was used to commit the crime.
If you were arrested for or convicted of a prostitution offense, you may apply to have the criminal record expunged if you have never been convicted of a violent felony or violent misdemeanor and if: your conviction was a result of having been a victim of human trafficking or sexual servitude you have no prior convictions for prostitution and three years have passed since your last conviction or completion of any sentence, whichever occurred later, or your case resulted in a discharge and dismissal of the proceedings against you.
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