Kannapolis, NC asked in Criminal Law for North Carolina

Q: I need help with a expungement of a felony charge back in 1993 ?

And with dismissed charges off my record as well

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1 Lawyer Answer
Philip J. Clarke III
Philip J. Clarke III
  • Criminal Law Lawyer
  • Morehead City, NC
  • Licensed in North Carolina

A: There is a possibility of expunging a non-violent felony conviction over 15 years old, but there are several conditions that must be met. There are different kinds of expunctions that may apply to your case. Your 15 year old conviction and your dismissals probably come under two separate statutes. And it is worth noting that there are limitations on expunctions such that getting one may disqualify you from getting another. You could best find out about those conditions by conferring with an attorney. Many criminal defense attorneys handle expunctions. I believe that it would be worth the time and expense to consult with an attorney on this kind of matter because the timing of what you do, and which statutes you use may change what you are ultimately able to do. Most criminal defense attorneys offer free consultations so you should be able to give them enough information then for them to be able to tell you whether you can get your charges expunged.

The laws in North Carolina concerning expunctions have changed quite a bit over the last few years, and may continue to do so. It appears that the trend is to allow for more people to be able to clear up their records. There are currently some expunctions available for certain drug charges and dispositions, some for certain felony and misdemeanor convictions, some tied to the defendant's age at the time of the offense, and some for dismissals or not guilty verdicts. Some statutes allow for expunction only when no other expunction or no other expunction of a certain type has been previously obtained. Under certain circumstances it is possible to get more than one expunction, but under others expunction may be an impossibility without other actions being taken first. Sometimes expunction is just not available. There are a number of conditions under each type of expunction that must be met before it will be ordered by a judge.

Note: I am not providing this as legal advice and there is no attorney-client relationship between the writer and the reader here. This information is provided only for its educational benefits and is not legal advice.

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