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.
Title: Understanding North Carolina Motion for New Trial for the Purpose of Expunging Criminal Records Keywords: North Carolina, Motion for New Trial, Expunging Criminal Record, Criminal Record Expungement, Types of Motion for New Trial Introduction: In North Carolina, individuals seeking to expunge their criminal records may file a Motion for New Trial for the purpose of expunging past convictions. This legal process allows eligible individuals to remove certain charges or convictions from their criminal record, providing them with a fresh start and increased opportunities in various aspects of their lives. Let's explore the different types of Motion for New Trial available in North Carolina specifically for expunging criminal records. Types of North Carolina Motion for New Trials: 1. Motion for Appropriate Relief (MAR): The Motion for Appropriate Relief is often used to request a new trial or to address errors or constitutional violations that may have occurred during the original trial process. However, individuals can also file this motion when seeking the expungement of their criminal record. By demonstrating that a conviction was in violation of their rights or based on significant errors, they can potentially secure a new trial or have their criminal record expunged. 2. Motion to Set Aside Judgment: This type of motion is typically utilized when there are specific legal grounds to challenge the validity or constitutionality of a prior conviction. Filing a Motion to Set Aside Judgment allows individuals to present evidence to demonstrate that their conviction should be set aside, which can ultimately lead to the expungement of the criminal record. 3. Motion for Appropriate Relief Pursuant to North Carolina General Statute (CGS) 15A-146: Under CGS 15A-146, individuals may file a Motion for Appropriate Relief to seek the expungement of dismissed or discharged criminal charges. By demonstrating exceptional circumstances and complying with specific statutory requirements, individuals can present their case and request that the charges be expunged from their record. 4. Motion to Dismiss and Expunge: When individuals have completed their probationary period successfully or received a deferred prosecution, they may file a Motion to Dismiss and Expunge. This motion seeks a dismissal of the charges and the expungement of the associated criminal record. Conclusion: Understanding the various types of North Carolina Motion for New Trial for the purpose of expunging criminal records is crucial for individuals seeking a fresh start. Whether through a Motion for Appropriate Relief, Motion to Set Aside Judgment, Motion for Appropriate Relief Pursuant to CGS 15A-146, or a Motion to Dismiss and Expunge, individuals can present their case and demonstrate their eligibility for criminal record expungement. By successfully expunging their record, they can take significant steps toward rebuilding their lives and opening up new opportunities.
