Burlington, NC asked in Criminal Law for North Carolina

Q: how do i get help to have my record expunged? How much does it cost?

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

A: Opportunities to expunge a criminal record in North Carolina are quite rare. Criminal records eligible for expunction in North Carolina are generally limited to the following three categories:

A first-time, nonviolent offense committed more than 15 years ago

A first-time offense committed under age 18/22

A charge that was dismissed or disposed “not guilty”

If you meet the qualifications for one of those categories (more information may be found at http://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_15A/Article_5.pdf) then you file a petition with the appropriate court, pay a fee (usually $175) and application for expunction should be granted.

If you do not meet the statutory requirements to expunge your record, you may file an application for a pardon (usually a pardon for forgiveness) with the Governor's Clemency Office (https://www.ncdps.gov/Adult-Corrections/Governors-Clemency-Office). The basis for many of these is to restore gun rights (an application for which is generally only granted for nonviolent offenses) or if the applicant is struggling to find a job because of their criminal record.

The first step is obtaining a certified copy of your criminal record, which usually costs about $25.

The court filing fee for a statutory expunction is from $0 to $175.

Attorney assistance with an application for a pardon for forgiveness may cost $5,000 - $10,000.

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