Charlotte, NC asked in Criminal Law and Appeals / Appellate Law for North Carolina

Q: Good Afternoon. Have a question? How much in a price range to get a petition the court to get removed off the registry

1 Lawyer Answer
Will Blackton
Will Blackton
Answered
  • Raleigh, NC
  • Licensed in North Carolina

A: There is generally a $175 court fee to file for an expunction. The fee for an attorney's assistance is going to range depending on whether you're entitled to statutory relief (will automatically happen depending on your age at the time a crime was committed and the age and nature of the offense) or are applying to the Governor's office for clemency. You can find more information about expunction/expungement at https://www.nccourts.gov/help-topics/court-records/expunctions.

Having worked in the NC Governor's Clemency Office, I can say that when an applicant engaged an attorney, they had a much higher likelihood of success. You can find out more about the Governor's Clemency Office at: https://www.ncdps.gov/adult-corrections/governors-clemency-office.

If you are not currently incarcerated, you would apply for a pardon with the Governor's Office of Clemency. If you are incarcerated, the application would be for commutation, which seeks to reduce the time required to be served, to make parole eligible, or for immediate release. Pardons and commutation are a different type of relief than expunction: the criminal offense is not erased, but is generally forgiven. There are additional types of pardons that basically say: this person was innocent or this person is now allowed to own a firearm, despite a felony conviction.

Your motivation for seeking to erase a criminal record (easier to obtain employment, reinstatement of ability to own a firearm, or seeking to reduce the duration of incarceration) will guide which type of relief you should seek, as well as your age at the time a crime was committed and the age and nature of the offense.

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