Handbook on expungement law and procedures providing valuable information for Attorneys and their Clients.
Wake North Carolina Expungement Handbook - Procedures and Law
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Multi-State
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Wake
Control #:
US-EXPCR-2
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Word;
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FAQ
STEPS DURING AN APPLICATION If the Director-General is satisfied that a person meets the requirements, he or she will issue a certificate of Expungement directing that the conviction(s) and sentence(s) of the person be expungedthis process takes 3 months.
To get an expungement for a non-conviction in Magistrate or Municipal Court that occurred before June 2, 2009, apply directly to the court. There is no fee for this expungement. See S.C. Code Ann.
4) File the expungement petition with the clerk of courts. The cost to file this expunction is $175.00, which must be paid to the clerk of court at the time of filing.
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.
Do I need a lawyer to expunge my record? You need a lawyer to expunge a charge. While a lawyer is not required in NC, the expungement process is lengthy and extremely complicated. To file, you must do so under the applicable statute, using the correct AOC form, fill it out and potentially go to Court.
The cost to file this expunction is $175.00, which must be paid to the clerk of court at the time of filing.
To expunge a conviction, you must provide a number of documents, such as having two witness affidavits declaring you have a good moral character. You can't expunge a violent misdemeanor, violent felony, and certain drug crime convictions.
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.
Any non-guilty verdict results in immediate eligibility for expungement. However, if you are convicted of Misdemeanor Larceny in NC and you are over the age of 18, you are eligible for expungement 5 years after your conviction. If you are under the age of 18, you are eligible after 2 years.
