How to get a felony expunged in nc?

How to Get a Felony Expunged in NC: A Step-by-Step Guide

In North Carolina, expungement is a legal process that allows eligible individuals to seal their criminal records, which can include felony convictions. Expungement can provide a clean slate, enabling individuals to apply for employment, housing, loans, and other opportunities without the stigma of a criminal record. However, the process can be complex, and it’s essential to understand the legal requirements and procedures involved. In this article, we’ll walk you through the steps to get a felony expunged in NC.

Eligibility for Felony Expungement

Before we dive into the process, it’s essential to understand the eligibility requirements for felony expungement in NC. According to NCGS 15A-145(b), individuals are eligible for expungement if:

• They completed their sentence without being on probation, parole, or supervised release.
• They do not have any pending criminal charges or convictions, except for non-violent misdemeanors.
• They have not been expunged for a criminal offense before.

Keep in mind that these rules may change, and you should consult with an attorney or the North Carolina Board of Paroles to verify your eligibility.

Understanding the Expungement Types

There are two primary types of expungements in NC: Juvenile Expungement and Adult Expungement. The types of expungements apply to different ages and court proceedings.

Juvenile Expungement

In NC, juveniles are eligible for expungement if they completed their case and are at least 18 years old. You can apply for expungement through the Department of Juvenile Justice.

Adult Expungement

For adults, expungement is filed through the superior court. You need to file a petition, and the court will hear your case. There are two types of adult expungements:

• Limited Expungement: For non-violent convictions, such as misdemeanors or low-level felonies.
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• Full Expungement: For non-violent felonies.

The Expungement Process

Once you understand your eligibility and the expungement type, let’s walk through the steps:

Step 1: Gather Documents

Assemble the required documents:

• Original conviction report: Obtain this from the court or NC DJJ (for juvenile cases).
• Probation or court records: Get a certified copy from the court or Parole and Probation office.
• Supporting documents: Provide relevant documents, such as school records, letters of character, or rehabilitation certificates.
• Certified identity documents: Produce a driver’s license, passport, or birth certificate.

Step 2: Filing the Petition

File your petition with the superior court in the county where the conviction occurred. You may need to provide:

• Petition for expungement: Complete Form AOC-CR-405 (Juvenile Expungement) or Form AOC-CR-406 (Adult Expungement).
• Filing fee: Pay the applicable fee: $175 for adults (waivable based on poverty) or no fee for juveniles.

Step 3: Serve and Wait

• Serving the court: Inform the court by serving it with the petition and attached documents.
• Initial review: Wait for 30 days, allowing time for the court to conduct an initial review.

Step 4: Show Cause Hearing

If there are any objections or issues, a Show Cause Hearing will be scheduled. Address the concerns or present mitigation evidence to convince the judge to grant the expungement.

Step 5: Judge’s Order

If your petition is approved, the judge will issue an Order to Expunge. Take this document to the North Carolina State Bureau of Investigations (SBI) for processing.

Step 6: Verification and Removal

The SBI will verify the order and then remove the convictions from your record. Typically, this process takes around 6-8 weeks.

Timing and Effects

• Timing: The entire process can take around 3-9 months, depending on court schedules and responses.
• Effects: Expungement can remove or limit access to the conviction and related records, but not necessarily:

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  • Police records
  • Social media searches
  • Employer background checks (pre-employment screenings)
  • Federal searches (unless the conviction was expunged under federal law)

Conclusion

Expunging a felony conviction in NC requires patience, planning, and compliance with strict legal requirements. By following these steps, you’ll be well on your way to achieving a clean record. Remember to consult an attorney or legal expert for personalized guidance throughout the process.

Key Takeaways:

• Complete your sentence: Ensure you’ve finished serving your time or probation to be eligible for expungement.
• File the right petition: Submit the appropriate form (juvenile or adult) to the correct court.
• Prepare supporting documents: Gather the necessary records, letters, and certificates to demonstrate eligibility.
• Be prepared for objections: Anticipate potential challenges and plan your response in advance.

Table: Expungement Process Overview