Thomasville, NC asked in Criminal Law for North Carolina

Q: Under new NC expungement laws is a deferred prosecution considered a dismissal ? And can I get it expunged ?

1 prior expungement

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2 Lawyer Answers
Bill Powers
Bill Powers
PREMIUM
Answered
  • Criminal Law Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: GREAT QUESTION

Deferred prosecution is a methodology of getting a dismissal. One would want to confirm, upon the completion of the program and it's individual requirements, the dismissal is actually entered.

Thereafter, assuming the record is properly updated in the AOC Administrative Office of the Courts system, it may become a matter eligible for filing a Petition for Expunction.

That does NOT happen automatically, either through completion of deferred or dismissal of the case. Here's a sample NC Petition for Expungement that provides some background info:

https://www.carolinaattorneys.com/blog/wp-content/uploads/2018/03/Petition-and-Order-of-Expunction.pdf

It really helps to have a lawyer to work through this kind of thing. Sometimes the filings can be done by mail (we do that all the time) and generally do not require a formal court appearance.

Bill Powers

NC Criminal Defense: Guilford Rowan Mecklenburg and Union County NC

CarolinaAttorneys.com

Kristen Dewar
Kristen Dewar
Answered
  • Criminal Law Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: If you successfully complete deferred prosecution, you will receive a dismissal, which then yes, you can expunge under the updated expungement laws as a dismissal. As you may be aware, the updated law for expunging dismissed charges also removed the previous one per lifetime rule that applied, so it should not matter that you have a prior expunction.

I recommend contacting an experienced attorney in the county where you completed deferred prosecution to confirm your eligibility.

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