How to Expunge a Felony in North Carolina
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 outline the steps to follow and provide important information to help you navigate the process.
What is Expungement?
Expungement is the process of sealing or destroying a criminal record, allowing individuals to legally deny the existence of the arrest or conviction. In North Carolina, expungement is governed by Chapter 15A of the North Carolina General Statutes.
Eligibility for Felony Expungement
To be eligible for felony expungement in North Carolina, you must meet the following criteria:
- Age: You must be at least 18 years old at the time of the filing of the petition.
- Time: The conviction must be at least 15 years old.
- Good Behavior: You must have not been convicted of any other felony or misdemeanor offense within the past 15 years.
- Payment of Fines: You must have paid all fines, fees, and restitution associated with the conviction.
Types of Felonies Eligible for Expungement
Not all felony convictions are eligible for expungement. The following types of felonies are typically eligible:
- Non-violent felonies: Such as property crimes, drug offenses, and some white-collar crimes.
- Drug-related felonies: Felonies related to drug possession, distribution, or manufacturing.
- Felony larceny: Felonies involving theft or larceny.
The Expungement Process
The expungement process involves several steps:
- Determine Eligibility: Review the eligibility criteria outlined above to ensure you meet the requirements.
- Gather Documents: Collect the following documents:
- Conviction Records: Obtain a copy of your felony conviction record from the North Carolina State Bureau of Investigation (SBI) or the court where you were convicted.
- Payment Records: Obtain proof of payment for any fines, fees, and restitution associated with the conviction.
- Background Check: Obtain a background check from the SBI to confirm that you have not been convicted of any other felony or misdemeanor offense within the past 15 years.
- Prepare the Petition: Prepare a petition for expungement, which must include:
- Name and Address: Your current name and address.
- Conviction Information: A detailed description of the felony conviction, including the date, location, and charges.
- Reason for Expungement: A statement explaining why you are seeking expungement.
- File the Petition: File the petition with the court where you were convicted.
- Serve the Prosecutor: Serve the prosecutor’s office with a copy of the petition.
- Wait for the Hearing: Wait for the court to schedule a hearing, which will typically take several months.
- Attend the Hearing: Attend the hearing and present your case to the judge.
- Wait for the Order: Wait for the judge to issue an order granting or denying the petition.
Table: Expungement Timeline
| Step | Timeline |
|---|---|
| Determine Eligibility | 1-2 weeks |
| Gather Documents | 1-2 weeks |
| Prepare the Petition | 1-2 weeks |
| File the Petition | 1 day |
| Serve the Prosecutor | 1 day |
| Wait for the Hearing | 3-6 months |
| Attend the Hearing | 1 day |
| Wait for the Order | 1-2 weeks |
Fees and Costs
The following fees and costs are associated with the expungement process:
- Filing Fee: $175
- Background Check Fee: $15
- SBI Fee: $15
- Total: $205
Conclusion
Expunging a felony conviction in North Carolina can be a complex and lengthy process, but it is possible with the right guidance. By following the steps outlined above and meeting the eligibility criteria, you can take the first step towards a fresh start. Remember to gather all necessary documents, prepare the petition carefully, and attend the hearing to present your case to the judge. With patience and persistence, you can successfully expunge your felony conviction and move forward with your life.
