North Carolina Motion for New Trial for Purpose of Expunging Criminal Record

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Description

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.

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FAQ

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.

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.

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.

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.

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.

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North Carolina Motion for New Trial for Purpose of Expunging Criminal Record