How to Get a Misdemeanor Expunged in North Carolina?
In North Carolina, expungement is the process of sealing or destroying criminal records, allowing individuals to have their past mistakes erased and move on with their lives. While it’s not always possible to expunge all types of criminal records, it is possible to expunge misdemeanor convictions under certain circumstances. In this article, we’ll guide you through the process of getting a misdemeanor expunged in North Carolina.
Eligibility for Misdemeanor Expungement in North Carolina
Not everyone is eligible for misdemeanor expungement in North Carolina. To be eligible, you must meet the following criteria:
- Age: You must be at least 18 years old to apply for expungement.
- Type of Conviction: You must have been convicted of a misdemeanor, including Class 1, 2, or 3 misdemeanors.
- Time Since Conviction: You must have completed your sentence, including probation, and at least 5 years must have passed since the date of your conviction.
- No Felony Convictions: You cannot have any felony convictions, including pending charges.
- No Pending Charges: You cannot have any pending charges, including misdemeanors or felonies.
The Expungement Process in North Carolina
The expungement process in North Carolina involves several steps:
- Step 1: Determine Eligibility: Review the eligibility criteria above to ensure you meet the requirements.
- Step 2: Gather Required Documents: Collect the following documents:
- A copy of your conviction record
- A copy of your sentence and discharge papers
- Proof of completion of any probation or community service
- Proof of payment of any fines or restitution
- Step 3: Complete the Petition: Fill out the Petition for Expungement form (AOC-CR-132) and attach the required documents.
- Step 4: File the Petition: File the petition with the court where you were convicted.
- Step 5: Wait for a Hearing: The court will schedule a hearing to review your petition.
- Step 6: Attend the Hearing: Attend the hearing and provide any additional information or evidence as required.
- Step 7: Receive the Court’s Decision: The court will render a decision on your petition. If approved, your records will be expunged.
Expungement of Misdemeanor Convictions in North Carolina
Table: Types of Misdemeanor Convictions Eligible for Expungement
| Type of Conviction | Eligible for Expungement? |
|---|---|
| Class 1 Misdemeanor | Yes |
| Class 2 Misdemeanor | Yes |
| Class 3 Misdemeanor | Yes |
Expungement of Misdemeanor Convictions with Multiple Charges
If you were charged with multiple misdemeanors and convicted of only one, you may still be eligible for expungement. However, you must meet the following requirements:
- Only One Conviction: You can only have one conviction, even if you were charged with multiple counts.
- No Prior Felony Convictions: You cannot have any prior felony convictions.
- Meet the 5-Year Requirement: You must have completed your sentence and at least 5 years must have passed since the date of your conviction.
Additional Considerations
- Fingerprinting: If your expungement is approved, you may need to provide fingerprints to the court.
- Payment of Fees: You may need to pay a fee for the expungement process.
- Notice to Law Enforcement: The court will notify law enforcement agencies of the expungement, but it’s your responsibility to notify any other parties that may have a copy of your records.
Conclusion
Getting a misdemeanor expunged in North Carolina can be a complex and time-consuming process, but it’s possible if you meet the eligibility criteria and follow the proper procedures. By understanding the requirements and process, you can take the first step towards having your past mistakes erased and moving on with your life. Remember to review the eligibility criteria, gather the required documents, and complete the petition carefully to ensure a successful expungement.
