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North Carolina Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

The North Carolina Petition for Expungement of Record in Case of Acquittal and Release without Conviction allows individuals who have been acquitted or released without conviction to request the expungement of their criminal records. This legal process helps individuals reclaim their reputation by clearing their name and erasing any trace of their arrest and court proceedings. Expungement is a valuable option for those who have been wrongfully accused or were found innocent in court. By expunging their record, individuals can ensure that their past criminal charges do not hinder their future opportunities for employment, education, or housing. There are several types of North Carolina Petitions for Expungement of Record in Case of Acquittal and Release without Conviction that address different scenarios and situations where an individual may qualify for expungement: 1. Acquittal by Jury: If an individual has been acquitted by a jury, meaning they were found not guilty of the charges against them, they may qualify for expungement. This expungement is designed to remove any record of the arrest and court proceedings from their criminal history. 2. Dismissal or Discharge without Conviction: Individuals who have had their charges dismissed or discharged without conviction, either through a dismissal by a judge, voluntary dismissal, or conditional discharge, can petition for expungement. This type of expungement aims to erase any record of the arrest and legal proceedings related to the dismissed charges. 3. Not Guilty by Reason of Insanity: In cases where an individual is found not guilty by reason of insanity, they may be eligible for expungement. This expungement clears any record of the arrest and court proceedings, reflecting the court's determination that the individual is not criminally responsible due to mental illness. The North Carolina Petition for Expungement of Record in Case of Acquittal and Release without Conviction provides a means for individuals to move forward from their wrongful arrest or unfounded charges. It enables them to regain control over their lives, ensuring that their past does not unjustly impact their future opportunities. By petitioning for expungement, individuals can ensure their records are wiped clean and their innocence is acknowledged.

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The expungement process is initiated by filing the petition form in the county where the arrest occurred. A petitioner may contact the clerk of court or contact a private attorney regarding the procedures for filing the petition form.

New Expungement laws in NC Reduce the wait period to expunge certain misdemeanor convictions from 15 years to 5 years. Reduce the wait period to expunge certain felony convictions from 15 years to 10 years. Law enforcement and prosecutors will now have access to expungement records under this new law.

Violent misdemeanors (assault with a deadly weapon, child abuse, and others), Class A felonies (murder and others), and felonies requiring sex offender registration (sexual battery, human trafficking, incest, and more), are among those that are never eligible for expunction in North Carolina.

Misdemeanor convictions can now be expunged after 5 years instead of 15. Felony convictions can now be expunged after 10 years instead of 15. There is no more limit on how many dismissals can be expunged. Prosecutors and law enforcement personnel will have access to all records.

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.

Are All Offenses Eligible for Expungement? Not every offense is eligible to be expunged. Exceptions include: Violent misdemeanors, violent felonies, and certain drug crime convictions.

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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 ... After the case is expunged, the clerk of superior court will have no record of the case and will be unable to provide you with any documentation of the case.Oct 12, 2023 — To expunge a conviction, you must provide several documents, including a petition form for each type of expunction. Some cases may require ... Initiation of Expunction Process. By individual petitioner. For most expunctions, the petitioner must file a petition with the appropriate state court and ... Legal Aid of North Carolina has several programs that can help qualified people to get expunctions. You can call our helpline at 1-866-219-5262 or apply online ... Oct 5, 2022 — Guide to restoration of rights, pardon, and criminal record sealing & expungement following a North Carolina criminal conviction. The expungement process is initiated by filing the petition form in the county where the arrest occurred. A petitioner may contact the clerk of court or contact ... You will file different petitions with the court based on what you are trying to expunge from your record. For example, there are expungements for convictions ... Feb 24, 2023 — These forms can be used to clean or seal a criminal record, potentially leading to restored civil rights, improved employment opportunities, ... Jul 19, 2021 — State lawmakers are increasingly interested in statutory provisions that automatically clear a person's criminal record.

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North Carolina Petition for Expungement of Record in Case of Acquittal and Release without Conviction