Norfolk, VA asked in Criminal Law for North Carolina

Q: Almost 10 years ago(18 years old/first offense), I was charged with 2 felonies, did a plea deal for a misdemeanor-

-conviction. Is there a way to have the outcome retracted, and original charges dropped? State of NC

Related Topics:
1 Lawyer Answer
Bill Powers
Bill Powers
PREMIUM
Answered
  • Criminal Law Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: GREAT QUESTION

The NC Criminal Laws have changed substantially over the last few years, giving some people the opportunity to clear their record.

In North Carolina we call that an "expunction" or "expungement."

There are limitations, expungements are not automatic in every case, and the filing of paperwork can be a bit complicated if not confusing.

As such, we believe it helps to have an attorney prepare the materials and submit them for review pursuant to the local rules/procedures for the county (judicial district) in question.

See: https://ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_15A/Article_5.pdf

Article 5.

Expunction of Records.

§ 15A-145. Expunction of records for first offenders under the age of 18 at the time of

conviction of misdemeanor; expunction of certain other misdemeanors.

(a) Whenever any person who has not previously been convicted of any felony, or

misdemeanor other than a traffic violation, under the laws of the United States, the laws of this

State or any other state, (i) pleads guilty to or is guilty of a misdemeanor other than a traffic

violation, and the offense was committed before the person attained the age of 18 years, or (ii)

pleads guilty to or is guilty of a misdemeanor possession of alcohol pursuant to

G.S. 18B-302(b)(1), and the offense was committed before the person attained the age of 21 years,

he may file a petition in the court of the county where he was convicted for expunction of the

misdemeanor from his criminal record. The petition cannot be filed earlier than: (i) two years after

the date of the conviction, or (ii) the completion of any period of probation, whichever occurs later,

and the petition shall contain, but not be limited to, the following:

(1) An affidavit by the petitioner that he has been of good behavior for the two-year

period since the date of conviction of the misdemeanor in question and has not

been convicted of any felony, or misdemeanor other than a traffic violation,

under the laws of the United States or the laws of this State or any other state.

(2) Verified affidavits of two persons who are not related to the petitioner or to each

other by blood or marriage, that they know the character and reputation of the

petitioner in the community in which he lives and that his character and

reputation are good.

(3) A statement that the petition is a motion in the cause in the case wherein the

petitioner was convicted.

(4) Repealed by Session Laws 2010-174, s. 2, effective October 1, 2010, and

applicable to petitions for expunctions filed on or after that date.

(4a) An application on a form approved by the Administrative Office of the Courts

requesting and authorizing a name-based State and national criminal record

check by the Department of Public Safety using any information required by

the Administrative Office of the Courts to identify the individual and a search

of the confidential record of expunctions maintained by the Administrative

Office of the Courts. The application shall be filed with the clerk of superior

court. The clerk of superior court shall forward the application to the

Department of Public Safety and to the Administrative Office of the Courts,

which shall conduct the searches and report their findings to the court.

(5) An affidavit by the petitioner that no restitution orders or civil judgments

representing amounts ordered for restitution entered against him are

outstanding.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.