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The exception to this is in cases where, as a condition of enrollment in a program, a person has waived his or her right to an expungement. In some North Carolina counties, domestic violence cases dismissed as part of a deferral program are not expungeable without the express consent of the district attorney upon entry into the diversion program. For those that have been convicted of non-violent felonies and misdemeanors, expungements may be filed 15 years from date of completion of sentence.
DWI Expungement – Can I Get My Driving While Impaired Arrest in North Carolina Expunged?
Non-violent felonies are any felonies or misdemeanors except the following:. If a person has multiple charges at different times, this makes them ineligible for expungement under this section of the law. There are provisions in the expungement law for offenses committed under the age of 18 or Generally, the waiting periods from time of conviction to eligibility for expungement is much shorter for youthful offenders. Specifically, expungements are available for:. There is also a specific provision for individuals charged with prostitution related crimes to allow those charges to be sealed more quickly under certain circumstances.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
Expungement in NC | 9 Common Questions Answered
Other factors that may influence eligibility include how much time has passed since the conviction, whether it is a first offense, and whether any additional alcohol-related offenses are on your record. As more jurisdictions have converted paper records to digital and often online records, accessing your records may be just a few clicks away Kansas, for example.
But smaller municipalities may require you to visit the courthouse in person. Most states charge a nominal fee for accessing criminal records, either online or paper copies, and require authentication of your identity. You will need to download or pick up from the court the appropriate form for your expungement request.
This form will ask for details about the arrest or conviction i.
How Many Expungements Can You Get in NC?
Each petition for expungement is different, but you may be required to provide more lengthy explanations using official declaration forms signed and dated , affidavits from other individuals willing to vouch for you, or other documentation that supports your request. In North Carolina, for example, your petition must include affidavits from two people unrelated to you who can verify that your "character and reputation are good. Before you file your petition with the court, you must also send a copy to the district attorney responsible for your DUI prosecution.
The prosecutor will sign the form and return it if he or she has no objections to the expungement, and may give victims anyone injured after being struck by your vehicle, for instance the opportunity to object.
It's a good idea to verify how the D. Then, either file the expungement request directly in the court or mail it to the address provided if applicable. If you can prove financial hardship, you may be eligible for an indigent waiver.
Which Criminal Records Are Eligible for Expungement in North Carolina?
You can expect to wait about 30 to 60 days for a reply. The court will schedule a hearing if it objects to your request, for which legal representation is highly recommended.
yryqybom.tk After serving your sentence and learning your lesson following a DUI conviction, you'll want to put your life back in order and perhaps learn how to expunge a DUI if it's an option for you. While it may be possible to do it yourself, legal representation is strongly encouraged for this often-complicated procedure. Talk to an experienced DUI attorney today.
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