Instructions for Petition and Order of Expunction Under G.S. 15A-145 And G.S. 15A-146: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.
North Carolina Instructions For Petition And Order Of Expunction Under G.S. 15A-145 And G.S. 15A-146
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State law no longer limits how many expungements a person may secure at once. However, multiple expungements are only permissible if the convictions occurred within 12 months of each other. Prosecutors and law enforcement officials will retain access to all records.
To expunge a criminal record in North Carolina, you must file your petition at the county courthouse where you were charged. You must fill out the specific AOC form that applies to you. The forms are based on your age, charge and outcome of the case, among other things.
There is generally a $175 filing fee to petition for expunction. A few expunction statutes do not require a fee, like expunction of charges that were dismissed or ended in a not guilty verdict, unless the dismissal was based on the completion of a diversion program or deferred prosecution agreement.
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.
The courts perform work on a first come, first serve basis. So the sooner a petition is filed, the sooner it will be reviewed. Since the timing of the process varies from state to state and by case, a general estimate of the time it takes to have a criminal record expunged can be anywhere from 2-6 months.
The convictions can be expunged 4 years from the conviction date or completion of any sentence, whichever is later. Chapter 15A-145.4 of the North Carolina General Statutes applies to all felonies and misdemeanors with the following exceptions:A felony that includes assault as an essential element of the offense.
A dismissed case means that a lawsuit is closed with no finding of guilt and no conviction for the defendant in a criminal case by a court of law.A dismissed case will still remain on the defendant's criminal record.
In order to get a dismissed charge expunged, you have to petition the court. For most people, it makes more sense to start the process by calling an attorney who's experienced in North Carolina expunction. Your attorney will help you determine whether you qualify for an expungement.