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Expungement Attorney North Carolina

Expungements

Expungements/Expunction of Criminal Records

Expungement or expunction is the deletion, obliteration, or erasure of your criminal record.  Not all criminal convictions can be expunged.  Petitions for expunction must be filed in the county in which the conviction occurred. You must not have any previous convictions of any felonies or misdemeanors other than traffic violations.  Our office only handles expunctions of convictions occurring in Brunswick County, North Carolina.

The following is a list of convictions that may be expunged by our office:

1.  First offenders under the age of 18. The following conditions must be met:

a.  Conviction to be expunged is a misdemeanor other than a traffic violation, and the offense was committed before the individual attained the age of 18; or the conviction to be expunged is a misdemeanor possession of alcohol pursuant to G.S. 18B-302(b)(1), and the offense was committed before the individual attained the age of 18.

b.  The Petition for expungement cannot be filed earlier than two (2) years after the date of conviction or completion of probation, whichever occurs later.  See G.S. 15A-145.

2.  First offenders under the age of 18 at the time of conviction of certain gang offenses.  See G.S. 15A-145.1.

3.  First offenders not over the age of 21 at the time of the offense of certain drug offenses.  In this case, the offense was dismissed based on a Deferred Prosecution Agreement pursuant to G.S. 90-96(a).  See G.S. 15A-145.2.

4.  First offenders not over the age of 21 at the time of the offense of certain toxic vapors offenses.   In this case, the offense was dismissed based on a Deferred Prosecution Agreement pursuant to G.S. 90-113.14(a) or (a1).  See G.S. 15A-145.3.

5.  First offenders under the age of 18 at the time of the commission of a nonviolent felony.  In this case, multiple offenses may be expunged under certain circumstances.  See G.S. 15A-145.4.

6.  Cases in which the criminal charges are dismissed or there is a finding of not guilty.  In this case, offenses can be either a misdemeanor, a felony, or an infraction under G.S. 18B-302(i).  If an individual is charged with multiple offenses occurring within the same 12-month period or all charges are dismissed or found not guilty at the same term of court, all offenses may be expunged.  See G.S. 15A-146.

7.  Cases in which charges are dismissed or there is a finding of not guilty as a result of identity theft.   See G.S. 15A-147.

The expunction process involves several steps, requiring two separate hearings before a Judge and a criminal records check by the State Bureau of Investigations.  If you have any questions regarding your eligibility for an expungement or the process involved, please contact our office and we will be happy to assist you.

8. Convictions of certain prostitution offenses. See G.S. 15A-145.6.

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Copyright 2002-2014 Trest & Twigg, PLLC, Attorneys at Law®
Trest and Twigg, A Law Firm Representing DWI Cases, Injured People, and civil litigation with an office located at 4631 Main St, Shallotte, NC 28470. Our lawyers are licensed to practice law in the state of North Carolina. We are a general practice law firm concentrating in the following matters: Civil Litigation, Criminal Law, DWI, Expungements, License Restoration, Personal Injury, Traffic Offenses, Wills & Estates, and Wrongful Death.