How to Expunge a Felony in NC?
Expunging a felony conviction in North Carolina can be a complex and lengthy process, but it is possible with the right guidance. In this article, we will provide a step-by-step guide on how to expunge a felony in NC, highlighting the eligibility criteria, required documents, and the application process.
Eligibility Criteria
Before proceeding with the expungement process, it is essential to determine whether you are eligible. In NC, you can expunge a felony conviction if:
• You were convicted of a non-violent felony: Only non-violent felonies are eligible for expungement. This includes crimes such as burglary, larceny, and drug-related offenses. Violent felonies, such as murder, robbery, and assault, are not eligible.
• You have completed your sentence: You must have completed your sentence, including probation, parole, and fines, before applying for expungement.
• You have not been convicted of another felony or serious crime: You cannot expunge a felony if you have been convicted of another felony or serious crime since the original conviction.
Required Documents
To initiate the expungement process, you will need to gather the following documents:
• Certified copy of your conviction: Obtain a certified copy of your felony conviction from the court that handled your case.
• Proof of completion of sentence: Provide proof of completion of your sentence, including probation, parole, and fines.
• Identification documents: Provide valid identification documents, such as a driver’s license or passport.
• Notarized application: Obtain a notarized application form from the court or download it from the North Carolina Administrative Office of the Courts website.
Application Process
The expungement application process involves the following steps:
- File the application: File the notarized application with the court that handled your original conviction.
- Pay the filing fee: Pay the filing fee, which is currently $175.
- Wait for the court’s decision: The court will review your application and make a decision. If approved, the court will issue an order of expungement.
- Petition for expungement: If the court approves your application, you must petition the court for an order of expungement.
- Wait for the order: Once the order is issued, wait for it to be finalized and filed with the relevant agencies.
Timeline and Waiting Period
The timeline for expunging a felony in NC can be lengthy, with the following waiting periods:
• 3-year waiting period: After completing your sentence, you must wait 3 years before applying for expungement.
• 10-year waiting period: If you were convicted of a Class B1 or Class B2 felony, you must wait 10 years before applying for expungement.
Additional Requirements
In addition to the above requirements, you may need to complete additional steps, such as:
• Counseling or treatment: You may be required to complete counseling or treatment programs as part of your sentence or as a condition of expungement.
• Restitution: You may be required to pay restitution to victims or the state before expungement can be granted.
Post-Expungement Process
After the expungement process is complete, you can expect the following:
• Sealed records: Your felony conviction will be sealed, and the records will be destroyed.
• No mention of the conviction: The conviction will not be mentioned on background checks, job applications, or other public records.
• Restrictions on employment and housing: Some employers and housing providers may still be able to access your sealed records, so it is essential to check with them before applying for a job or renting a property.
Conclusion
Expunging a felony conviction in NC can be a complex and lengthy process, but it is possible with the right guidance. By understanding the eligibility criteria, required documents, and application process, you can increase your chances of successfully expunging your felony conviction. Remember to carefully review the rules and regulations, and consult with an attorney if you have any questions or concerns.
