Wake North Carolina Instructions for Petition and Order of Expunction Of Misdemeanor Larceny Conviction Under G.S. 15A-145(d1)

State:
North Carolina
County:
Wake
Control #:
NC-CR-266I
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PDF
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This is an official form from the North Carolina Court System, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.

Keywords: Wake North Carolina, Instructions, Petition and Order, Exp unction, Misdemeanor Larceny Conviction, G.S. 15A-145(d1) The Wake North Carolina Instructions for Petition and Order of Exp unction Of Misdemeanor Larceny Conviction Under G.S. 15A-145(d1) provide a detailed step-by-step guide for individuals seeking to have their misdemeanor larceny conviction expunged in Wake County, North Carolina. Expungement allows one to clear their criminal record, providing opportunities for a fresh start. There are different types of Wake North Carolina Instructions for Petition and Order of Exp unction Of Misdemeanor Larceny Conviction Under G.S. 15A-145(d1), namely: 1. General Overview: These instructions provide a comprehensive overview of the expungement process for individuals with a conviction for misdemeanor larceny as per G.S. 15A-145(d1). They outline the eligibility criteria, required forms, and steps involved in filing the petition and obtaining the exp unction order. 2. Eligibility Criteria: These instructions highlight the specific eligibility requirements for individuals seeking to expunge their misdemeanor larceny conviction. It details factors such as waiting periods, prior convictions, and the completion of any necessary sentencing conditions. 3. Form Preparation: This section of the instructions guides individuals through the process of correctly completing the necessary forms for filing the Petition and Order of Exp unction. It provides detailed information on the specific fields to be filled, required documentation, and any additional supporting materials. 4. Filing Process: This section focuses on the filing process itself, including details on the appropriate court to submit the petition, associated fees, and methods of payment. It also includes instructions on serving the necessary parties and obtaining proof of service. 5. Hearing Process: If applicable, these instructions cover the hearing process involved in seeking an exp unction. It provides guidance on preparing for the hearing, presenting evidence, and effectively communicating the reasons for expungement to the court. 6. Post-Expunction: This section outlines what individuals can expect after obtaining an exp unction order. It explains the process of notifying relevant agencies regarding the expunged conviction, the potential removal of records from public databases, and the rights granted to individuals with an expunged record. In summary, the Wake North Carolina Instructions for Petition and Order of Exp unction Of Misdemeanor Larceny Conviction Under G.S. 15A-145(d1) serve as a comprehensive guide for individuals seeking to erase their misdemeanor larceny conviction from their criminal record. It includes information on eligibility, form preparation, filing process, hearing process (if applicable), and post-expunction procedures. These instructions provide clarity and support individuals in navigating the exp unction process effectively.

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FAQ

North Carolina courts can only expunge criminal records involving violations of North Carolina state law. Our courts cannot expunge criminal records from other states or federal criminal records.

Enquiries can be emailed to expungements@justice.gov.za or you can contact any of the following officials for more information: E Shongwe, Tel: (012) 315 1601. G Mashaba, Tel (012) 315 4654.

For some types of expungements, there is no filing fee. For example, if the charges were dismissed by the court without a deferment, or if you were found not guilty there is no filing fee. For other expungements, the courthouse will charge a filing fee of $175.00.

If you have a misdemeanor larceny conviction in North Carolina and you are over the age of 18, you may qualify for an expungement after five years. If you are under the age of 18, you would qualify for an expungement after two years.

What is an expungement? An expungement is when a judge orders a record sealed so the public cannot see it. The purpose of the expungement is to seal a record as if the charge or conviction had never occurred. While the SBI, and soon prosecutors, can see it, the public cannot.

An expunction is a legal process to remove a criminal conviction or a criminal charge from a person's record and to seal or destroy the state's records of the arrest, charge, and/or conviction.

How Can I Get My Charges Dropped? Deferred Prosecution.Conditional Discharge.Drug Treatment Court Program.Diversion for Veterans.Diversion for Those with Mental Illness.Diversion for Juveniles.

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.

How long does the expungement process take in NC? Regardless of the charge, the expungement process typically takes between 9 ? 12 months in North Carolina.

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Wake North Carolina Instructions for Petition and Order of Expunction Of Misdemeanor Larceny Conviction Under G.S. 15A-145(d1)