Winston-Salem Expungement Lawyer

Misdemeanors and felonies can both involve mitigating or aggravating factors that might impact the possible ability to secure an expungement. Aggravated and mitigated sentences are established under North Carolina General Statute § 15A-1340.16, and mitigating factors include:

• The alleged offender committed the alleged offense under coercion, duress, threat, or compulsion that was not sufficient to constitute a defense but significantly reduced culpability.
• The alleged offender was a passive participant or played a minor role in the commission of the alleged offense.
• The alleged offender was suffering from a mental or physical condition that was insufficient to constitute a defense but significantly reduced the alleged offender’s culpability for the alleged offense.
• The alleged offender’s age, immaturity, or limited mental capacity at the time of commission of the alleged offense significantly reduced the alleged offender’s culpability for the alleged offense.
• The alleged offender made substantial or full restitution to the alleged victim.
• The alleged victim was more than 16 years of age and was a voluntary participant in the alleged offender’s conduct or consented to it.
• The alleged offender assisted in the apprehension of another felon or testified truthfully on behalf of the prosecution in another felony prosecution.
• The alleged offender acted under strong provocation, or the relationship between the alleged offender and the alleged victim was otherwise extenuating.
• The alleged offender could not reasonably foresee that the alleged offender’s conduct would cause or threaten serious bodily harm or fear, or the alleged offender exercised caution to avoid such consequences.
• The alleged offender reasonably believed that the alleged offender’s conduct was legal.
• Prior to an arrest or at an early stage of the criminal process, the alleged offender voluntarily acknowledged wrongdoing in connection with the alleged offense to a law enforcement officer.
• The alleged offender has been a person of good character or has had a good reputation in the community in which the alleged offender lives.
• The alleged offender is a minor and has reliable supervision available.
• The alleged offender has been honorably discharged from the Armed Forces of the United States.
• The alleged offender has accepted responsibility for the alleged offender’s criminal conduct.
• The alleged offender entered and is currently involved in or successfully completed a drug treatment or alcohol treatment program following the arrest and prior to trial.
• The alleged offender supports the alleged offender’s family.
• The alleged offender has a support system in the community.
• The alleged offender has a positive employment history or is gainfully employed.
• The alleged offender has a good treatment prognosis, and a workable treatment plan is available.
• Any other mitigating factor that is reasonably related to the purposes of sentences.

Aggravating factors include:

• The alleged offender induced others to participate in the commission of the alleged offense or had a position of leadership relating to other participants.
• The alleged offender joined with more than one other person in committing the alleged offense and was not charged with committing a conspiracy.
• The commission of the alleged offense was for the benefit of, or at the direction of, a criminal gang as defined by North Carolina General Statute § 14-50.16A(1), with intent to either further, promote, or assist in criminal conduct by gang members, and the alleged offender was not charged with committing a conspiracy.
• The alleged offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.
• The alleged offender was hired or paid to commit the alleged offense.
• The alleged offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.
• The alleged offense was committed against or caused serious injury to a present or former Division of Adult Correction and Juvenile Justice of the Department of Public Safety employee, law enforcement officer, jailer, emergency medical technician, fireman, ambulance attendant, social worker, justice or judge, clerk or assistant or deputy clerk of court, magistrate, juror, prosecutor, or witness against the alleged offender, while they were engaged in the performance of official duties or because of the exercise of their official duties.
• The alleged offense was committed against or proximately caused serious harm as defined in North Carolina General Statute § 14-163.1 or death to a law enforcement agency animal, assistance animal, or search and rescue animal as defined in North Carolina General Statute § 14-163.1, while engaged in the performance of the animal’s official duties.
  The alleged offense was especially heinous, atrocious, or cruel.
• The alleged offender knowingly created a considerable risk of death to more than a single person by means of a weapon or device that would normally be hazardous to the lives of more than one person.
• The alleged offender held public elected or appointed office or public employment at the time of the alleged offense, and the alleged offense was directly related to the conduct of the office or employment.
• The alleged offender is a firefighter or rescue squad worker, and the alleged offense is directly related to their service as a firefighter or rescue squad worker.
• The alleged offender either was armed with or used a deadly weapon at the time of the alleged crime.
• The alleged victim was very young, very old, mentally or physically infirm, or handicapped.
• The alleged offender committed the alleged offense while on pretrial release on another charge.
• The alleged offender has, during the 10-year period prior to the commission of the most recent alleged offense, been found by a court to be in willful violation of conditions of probation that were imposed pursuant to a suspended sentence or was found by the Post-Release Supervision and Parole Commission to be in willful violation of a condition of parole or post-release supervision imposed pursuant to their release from incarceration.
• The alleged offender involved a person under the age of 16 in the commission of the crime.
• The alleged offender committed the alleged offense and either knew or reasonably should have known that a person under 18 years of age who was not involved in the commission of the alleged offense was in a position to see or hear the alleged offense.
• The alleged offense involved an attempted or actual taking of property of great monetary value or damage causing great monetary loss, or the alleged offense involved an unusually large quantity of contraband.
• The alleged offender took advantage of a position of trust or confidence, including a domestic relationship, to commit the alleged offense.
• The alleged offense involved the sale or delivery of a controlled substance to a minor.
• The alleged offense involved the manufacture of methamphetamine and was committed where a person under 18 years of age lives, was present or was otherwise endangered by exposure to the drug, its ingredients, its by-products, or its waste.
• The alleged offense is the manufacture of methamphetamine and was committed in a dwelling that is one of four or more contiguous dwellings.
• The alleged offense for which the alleged offender stands convicted was committed against an alleged victim because of the alleged victim’s race, color, religion, nationality, or country of origin.
• The alleged offender does not support the alleged offender’s family.
• The alleged offender has previously been adjudicated delinquent for an alleged offense that would be either a Class A, B1, B2, C, D, or E felony had it been committed by an adult.
• The serious injury inflicted upon the alleged victim is permanent and debilitating.
• The alleged offense is a violation of North Carolina General Statute § 14-43.11 (human trafficking), North Carolina General Statute § 14-43.12 (involuntary servitude), or North Carolina General Statute § 14-43.13 (sexual servitude) and involved multiple alleged victims.
• The alleged offense is a violation of North Carolina General Statute § 14-43.11 (human trafficking), North Carolina General Statute § 14-43.12 (involuntary servitude), or North Carolina General Statute § 14-43.13 (sexual servitude), and the alleged victim suffered serious injury as a result of the alleged offense.
• Any other aggravating factor that is reasonably related to the purposes of sentencing.

During your initial consultation in Winston-Salem, your expungement attorney can determine whether any aggravating or mitigating factors apply to your case.