How to get a misdemeanor expunged in nc?

How to Get a Misdemeanor Expunged in NC?

Getting a misdemeanor expunged in North Carolina can be a complex and time-consuming process, but it’s possible with the right guidance. In this article, we’ll walk you through the steps to expunge a misdemeanor conviction in North Carolina.

Eligibility for Misdemeanor Expungement in NC

Before we dive into the process, it’s essential to understand who is eligible for misdemeanor expungement in North Carolina. To be eligible, you must meet the following criteria:

• You must have been convicted of a misdemeanor, excluding traffic offenses
• You must have completed all the terms of your sentence, including any probation, fines, and community service
• You must not have been convicted of any additional felonies or misdemeanors while on probation or within five years of the original conviction
• You must not have been convicted of any misdemeanors that are punishable by more than 60 days in jail

The Expungement Process in NC

The expungement process in North Carolina involves several steps:

Step 1: Gather Required Documents

You’ll need to gather the following documents:

• Certificate of Discharge: A certificate showing that you’ve completed all the terms of your sentence
• Proof of Payment: Proof that you’ve paid any outstanding fines or fees
• Court Orders: Copies of any court orders related to your conviction
• Police Reports: Copies of the police reports related to your arrest

Step 2: Fill Out the Expungement Petition

You’ll need to fill out a petition for expunction, which can be found on the North Carolina Office of Indigent Defense Services website. The petition must include:

• Personal Information: Your name, address, and social security number
• Conviction Information: A detailed description of your conviction, including the date of the offense, the crime you were convicted of, and the court that handled your case
• Grounds for Expungement: A statement explaining why you’re eligible for expungement

Step 3: Pay the Filing Fee

The filing fee for an expungement petition in North Carolina is $300. You can pay this fee by check or money order made payable to the Clerk of Court.

Step 4: Serve the District Attorney’s Office

You’ll need to serve the district attorney’s office with a copy of your petition and the required documents. You can do this by:

• Hand Delivery: Hand-delivering the documents to the district attorney’s office
• Certified Mail: Sending the documents via certified mail, return receipt requested
• Process Server: Hiring a process server to deliver the documents

Step 5: Wait for a Response

The district attorney’s office will have 30 days to respond to your petition. During this time, they may:

• Agree to Expungement: If they agree to expungement, they’ll file a consent order with the court
• Object to Expungement: If they object, they’ll file an opposition to your petition
• Request Additional Information: If they need additional information, they’ll request it from you

Step 6: Attend a Hearing (If Necessary)

If the district attorney’s office objects to your petition, you’ll need to attend a hearing. During the hearing, a judge will review your case and make a decision on whether to grant your expungement.

Fees and Costs

Expungement Filing Fee: $300

Fingerprinting Fee: $25

Certification Fee: $20

Total Estimated Cost: $345

Timeline

The expungement process in North Carolina can take several months to complete. Here’s a breakdown of the timeline:

• Filing of Petition: 1-2 weeks
• Service of Petition: 1-2 weeks
• Waiting Period: 30 days
• Hearing (If Necessary): 1-2 weeks
• Order Granting Expungement: 1-2 weeks

Conclusion

Getting a misdemeanor expunged in North Carolina can be a complex and time-consuming process, but it’s possible with the right guidance. By following the steps outlined in this article, you can increase your chances of successfully expunging your conviction. Remember to gather all required documents, fill out the petition correctly, and pay the filing fee. With patience and persistence, you can restore your record and move on with your life.

Frequently Asked Questions

• How long does it take to expunge a misdemeanor in NC?: The expungement process in North Carolina can take several months to complete.
• How much does it cost to expunge a misdemeanor in NC?: The total estimated cost is $345, which includes the expungement filing fee, fingerprinting fee, and certification fee.
• Can I expunge a misdemeanor if I have a felony conviction?: No, you are not eligible for expungement if you have a felony conviction.
• Can I expunge a misdemeanor if I have another misdemeanor conviction?: Yes, you may be eligible for expungement if you have another misdemeanor conviction, but you’ll need to meet the eligibility requirements.

Table: Eligibility Requirements for Misdemeanor Expungement in NC

Additional Resources

• North Carolina Office of Indigent Defense Services: www.ncid.us
• North Carolina Expungement Statute: [N.C. Gen. Stat. § 15A-145](http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_15A/ GS_15A-145.pdf)
• North Carolina District Attorney’s Association: www.ncdaa.org

Remember to consult with a legal professional if you’re unsure about any aspect of the expungement process.