Education: In December of 2017, Governor Roy Cooper signed a new expungement law, Senate Bill 445, that went effective immediately. Class E felony: 15 to 63 months 7. Full Scholarship If you qualify for expungement, contact us today to begin the expungement process. To help you and the 10 million other NC residents understand how the effects of the new statute, the expungement attorneys at Manning Law Firm put together this guide to expungement law in NC. Phi Delta Phi International Legal Honor Society gtag('config', 'UA-123577205-1'); Posted by Josh Valentine | Nov 02, 2018 | 0Comments. For petitions filed on or after December 1, 2014, a person may not obtain an expunction of a Class H felony conviction of breaking and entering a building in violation of G.S. Theirs is the perfect partnership. And thanks to a relatively new … Aenean lacinia bibendum nulla sed consectetur. Curabitur blandit tempus porttitor. You can have felonies expunged if your case was dismissed or if you were found not guilty in court. This includes any dismissals, infractions, prayers for judgement, pending charges and non-guilty verdicts. The 2020 Second Chance Act broadened North Carolina’s expungement law, authorizing for the first time expungement of more than one non-violent misdemeanor. If you have a conviction that isn't eligible for expungement, you can still petition the governor for a pardon. Charlotte School of Law Misdemeanor convictions can now be expunged after 5 years instead of 15. Non-violent Class H and Class I felony convictions can be removed from a record. I understand what you are going through, and I’m here to help you. ; Morbi leo risus, porta ac consectetur ac, vestibulum at eros. Class B2 felony: 94 to 393 months 4. Applies to any felony, any misdemeanor or an 18B-302(i) infraction before 12/01/1999; 2. If you are charged with a felony in NC, you are eligible for a dismissal or a non-guilty verdict. If you are charged with a misdemeanor in NC and it results in a non-guilty verdict, you are immediately eligible for expungement. Expunging a criminal record in North Carolina is relatively rare because only a small category of offenses qualify. When expunging a charge or conviction in North Carolina, you must go to the county courthouse where you were charged. J.D., Magna Cum Laude He’s an active student of the Bible and has traveled to Israel, Brazil, and Europe for mission work. While a lawyer is not required in NC, the expungement process is lengthy and extremely complicated. Met the required waiting period for the record you want to expunge, Paid all your court-ordered costs and provide proof that you did, Cannot be on parole or probation with any court, anywhere, Have no warrant for your arrest or a criminal summons. Court Costs: $175.00 if deferred dismissal, but no cost otherwise. The forms are based on your age, charge and outcome of the case, among other things. *UPDATE: Recent changes to the NC expungement law will take effect December 1, 2017. North Carolina State Bar. Felony convictions usually require a 10 year wait period, although there are … “He’s the brake; I am the accelerator,” Josh says. According to the NC law if you had only 1 conviction for a felony or misdemeanor and that occurred between when you were 18 and 21 you could apply for an expungement … Ignoring prior criminal record and dispositional ranges, the prison sentences by class of felony are: 1. No one can say Josh isn’t a well-rounded individual. Mon, Tue, Wed, Thu, Fri: 08:30am - 05:30pm, Copyright © 2021 Caulder & Valentine Law Firm, PLLC, Misdemeanors and Felonies Committed by Minors, Previous Post “Expunge My Record!” What You Need to Know About Expunction, Next Post How to Find the Best Expungement Attorney for Your Needs, “Expunge My Record!” How Expungement Works, How to Find the Best Expungement Attorney for Your Needs, You must have made it through the required waiting period for the record you want to expunge, You must have paid all your court-ordered costs, and you must be able to prove that you did – including court costs, fees, fines and restitution, You must not be on parole or probation with any court, anywhere, You must not have a warrant for your arrest or a criminal summons, You must not have any open criminal cases, You must not have any pending criminal charges, You file the paperwork and pay the appropriate fees (you generally don't have to pay fees if you've been the victim of identity theft, and the identity theft resulted in the record you're trying to expunge), You submit to record checks that show whether you have previous expungements or any other cases, Your lawyer serves the district attorney with your petition, because he or she gets a chance to object, Your case goes before a judge, who makes a final decision, If your petition is granted, the clerk of court takes the appropriate actions to clear your record. See below for examples of crimes that cannot be expunged. Alpha Sigma Lambda National Honorary Society Your attorney will ask you for information on all your cases. 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. In high school, he participated in building a Holocaust museum that has become internationally regarded. Must be entitled to 15A-146 on the underlying offense; 2. Both Josh and his wife attended an innovative program at Charlotte Law School that allowed them to complete law school in two years instead of the typical three. Your lawyer will be able to evaluate your case and double-check that you're eligible before he starts any paperwork. Josh considers it his job to hold them accountable for their actions. 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