If you’ve avoided conviction for a criminal offense in North Carolina, you’ll want to expunge your criminal record to prevent issues with employment applications and other challenges. An expungement, or expunction as it is referred to in the North Carolina General Statutes, may be possible in some cases, but you’ll need help from an expungement lawyer in Winston-Salem.
Not all crimes are eligible for expungement, so you will want to be sure that you qualify before you expend any effort in seeking an expunction. Know that North Carolina has several laws relating to expunging criminal offenses.
At McMinn, Fradin, Gray & Logan, we understand that a criminal record can follow you for years. Our team brings decades of proven experience to every case, including a former Assistant District Attorney who knows how these matters look from the other side of the courtroom. Schedule your consultation with a Winston-Salem criminal defense lawyer today.
Benefits of Working with an Expungement Lawyer in Winston-Salem
An expungement can clear an offense from your record, so it no longer shows up on most background checks. An expungement can reopen doors to jobs, housing, professional licenses, and educational opportunities that were once closed.
In most cases, you can also lawfully answer that you haven’t been convicted of the expunged offense, giving you a genuine fresh start and the peace of mind that comes with putting the matter behind you for good.
Our Winston-Salem expungement attorneys can meet with you to discuss your unique case and walk you through exactly what an expungement could mean for you. We’ll handle every step of the process and work towards a positive outcome.
Understanding the Expungement Process in North Carolina
Expungement starts with confirming you’re eligible, since each statute carries its own waiting periods and offense restrictions. From there, you file a petition on the form approved by the Administrative Office of the Courts in the county where your case was handled.
Depending on the offense, the State Bureau of Investigation and the district attorney may review it before a judge makes the final decision, and some petitions require supporting documents or proof that probation, restitution, and sentence terms have been satisfied.
A straightforward dismissal can move quickly, while a conviction-based expunction can take several months once the waiting period has passed. Because one mistake on the paperwork can sink a petition, it helps to have a skilled Winston-Salem expungement attorney who handles these filings regularly.
For a free legal consultation with a record expungement lawyer serving Winston-Salem, call (336) 485-4907 today
Challenges and Limits to Expungement
Expungement has limits, and plenty of people are surprised to learn they don’t qualify or have to wait years before they can even file. The rules change depending on the offense and several other factors. Here are some of the common challenges people run into during the expungement process:
- Excluded offenses: Most violent felonies, crimes requiring sex-offender registration, and impaired driving convictions generally can’t be expunged.
- Waiting periods: Many expunctions require several years to pass after conviction or completion of your sentence.
- Eligibility limits: There are often eligibility limits to consider, including restrictions on prior convictions and requirements like completed probation and paid restitution.
Petitions must be filed on the correct forms in the right county and can be reviewed by agencies that object. A single error or missed requirement can lead to denial. Hiring our expungement lawyers in Winston-Salem and learning the rules for your specific offense before you file can help you avoid a costly setback.
Types of Cases Our Winston-Salem Expungement Lawyer Handles
North Carolina’s expungement laws exist in many different statutes, each with its own eligibility rules and exceptions. Below are the primary statutes our Winston-Salem expungement lawyers work with:
Expungement of Records of Juveniles Alleged or Adjudicated Delinquent and Undisciplined
North Carolina General Statute § 7B-3200 states that any person who is now 18 years of age can file a petition in the court where they were adjudicated undisciplined for expunction of all records of that adjudication. The individual can also file a petition in the court where they were adjudicated delinquent for expunction of all records of that adjudication.
Several conditions apply, however. The crime for which the applicant was adjudicated must have been a crime other than a Class A, B1, B2, C, D, or E felony had it been committed by an adult.
The individual must have been released from juvenile court jurisdiction, and at least 18 months must have passed since that release.
Finally, the individual must not have been subsequently adjudicated delinquent or convicted as an adult of any misdemeanor or felony other than traffic violations under the laws of the United States, North Carolina, or any other state.
Expungement of Records for First Offenders Under the Age of 18 at the Time of Conviction of a Misdemeanor
Under North Carolina General Statute § 15A-145, certain first-time offenders can file a petition in the court for the county where they were convicted to expunge a misdemeanor from their criminal record. To qualify, the individual must have no previous conviction for a misdemeanor or felony besides a traffic violation. The offense itself must fit one of two situations.
The first is a misdemeanor other than a traffic violation committed before the person turned 18 years old. The second is a misdemeanor possession of alcohol committed before the person attained 21 years of age. A petition cannot be filed earlier than two years after the date of the conviction or the completion of probation, whichever occurs later.
Our Winston-Salem expungement lawyer can provide more information regarding this type of expungement during a consultation. We’ll answer any questions you have and help you get started on the process if it’s right for you.
Expungement of Records for First Offenders Under the Age of 18 at the Time of Conviction of Certain Gang Offenses
North Carolina General Statute § 15A-145.1 allows certain individuals to file a petition for expunction of an offense from their criminal record. To qualify, the person must have no previous conviction for any misdemeanor or felony other than a traffic violation. The offense must also fit one of a few categories.
It can be a Class H felony under Article 13A of Chapter 14 of the North Carolina General Statutes, or an enhanced offense under North Carolina General Statute § 14-50.22. It can also be a case where the person was discharged and had proceedings against them dismissed pursuant to North Carolina General Statute § 14-50.29.
In each situation, the offense must have been committed before the person reached 18 years of age. Except as provided in North Carolina General Statute § 14-50.29 upon discharge and dismissal, a petition cannot be filed earlier than two years after the date of the conviction or the completion of any probation, whichever occurs later.
Expungement of Records for First Offenders Not Over 21 Years of Age at the Time of the Offense of Certain Drug Offenses
According to North Carolina General Statute § 15A-145.2, certain individuals can apply for an order to expunge an offense from all official records, other than the confidential files retained under North Carolina General Statute § 15A-151.
This applies whenever an individual is discharged, and proceedings against them are dismissed pursuant to North Carolina General Statute § 90-96(a) or (a1). The person must also have been not more than 21 years of age at the time of the offense.
Schedule a consultation with our Winston-Salem expungement law firm to learn more about this type of expungement and get the legal help you deserve. We’ll handle the entire process for you and keep you updated on your case.
How § 15A-145.4 Defines a Nonviolent Felony
Under North Carolina General Statute § 15A-145.4, a nonviolent felony is any felony except the categories the statute specifically carves out. The first exclusion is any Class A through G felony.
The definition also excludes any felony that includes assault as an essential element. It further excludes any felony requiring registration under Article 27A of Chapter 14 of the General Statutes, whether or not the person currently has to register.
Sex-Related, Stalking, and Drug Exclusions
Certain sex-related or stalking offenses are excluded as well. These include North Carolina General Statute § 14-27.25(b), § 14-27.30(b), § 14-190.7, § 14-190.8, § 14-202, § 14-208.11A, § 14-208.18, § 14-277.3, § 14-277.3A, and § 14-321.1.
The definition also excludes felonies in Chapter 90 involving heroin, methamphetamines, or possession with intent to sell or deliver, or sell and deliver, cocaine. However, a prayer for judgment for a Class G, H, or I felony remains subject to expunction under this section.
Our expungement law firm in Winston-Salem can provide more information on this matter during a consultation. Reach out to us today to learn more.
Additional Excluded Offenses
Several other offenses fall outside the definition. These include a felony under North Carolina General Statute § 14-12.12(b), § 14-12.13, or § 14-12.14, and any felony for which punishment was determined under North Carolina General Statute § 14-3(c).
The exclusions also cover a felony offense under North Carolina General Statute § 14-401.16, any felony involving the use of a commercial motor vehicle, and any felony involving impaired driving. If you are dealing with a case that involves an impaired driving offense, reach out to our Winston-Salem DWI and DUI lawyers for help today.
Who Can File and When
For those who qualify, the statute allows a petition to expunge a nonviolent felony from a criminal record. This applies to an individual who was under 18 at the time of the offense and had no previous conviction for a misdemeanor or felony other than a traffic violation.
A petition cannot be filed earlier than four years after the conviction, or after any probation, active sentence, and post-release supervision has been served, whichever occurs later. The person must also complete at least 100 hours of community service before filing.
Contact our expungement attorney in Winston-Salem to find out if you can file. Our attorneys will talk to you about your unique situation and provide the guidance you need to move forward.
Petitioning to Expunge Nonviolent Misdemeanors
Under North Carolina General Statute § 15A-145.5, a person is allowed to file a petition for expungement of one or more nonviolent misdemeanor convictions. The timing depends on how many convictions are involved.
For a single nonviolent misdemeanor, the petition cannot be filed earlier than five years after the date of conviction, or after any period of probation, active sentence, or post-release supervision is finally served, whichever occurs later.
For more than one nonviolent misdemeanor, the wait is seven years after the date of the last conviction, other than a traffic offense not listed in the petition. It can also run seven years after any active sentence, period of probation, or post-release supervision has been served, whichever occurs later.
If you are dealing with a case involving a traffic offense, our team is here to help. Our experienced Winston-Salem traffic lawyers will handle every step of your case.
Petitioning to Expunge Nonviolent Felonies
North Carolina General Statute § 15A-145.5 allows expungement of as many as three nonviolent felony convictions.
For a single nonviolent felony, a petition cannot be filed earlier than ten years after the date of conviction. It can also run ten years after any period of probation, active sentence, or post-release supervision related to a conviction listed in the petition has been served, whichever occurs later.
For two to three nonviolent felonies, the wait is 20 years after the date of the person’s most recent conviction listed on the petition. It can also run 20 years after any related period of probation, active sentence, or post-release supervision has been served, whichever occurs later.
Expungements for Certain Defendants Convicted of Prostitution
According to North Carolina General Statute § 15A-145.6, a person convicted of a prostitution offense can file a petition for expunction of that offense from their criminal record. Several criteria must all be met. First, the individual must not have been previously convicted of a violent misdemeanor or violent felony.
The person must also satisfy one of two additional conditions. The first is having no prior convictions for any prostitution crime, along with at least three years having passed since the date of conviction or the completion of any period of probation, active sentence, and post-release supervision, whichever occurs later.
The second is that the person was discharged and the charge was dismissed upon completion of a conditional discharge under North Carolina General Statute § 14-204(b). Schedule a consultation with our expungement lawyers in Winston-Salem to learn more.
Expungement of Records for First Offenders Under 20 Years of Age at the Time of the Offense of Certain Offenses
According to North Carolina General Statute § 15A-145.7, certain individuals can apply for an order to expunge records relating to an offense. This applies when a person is discharged, proceedings against them are dismissed, and the individual was less than 20 years of age at the time of the offense.
In that situation, the person can seek to expunge from all official records, other than confidential files, all recordation relating to their arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section.
North Carolina General Statute § 15A-145.8 addresses expungement when charges are remanded to the district court for juvenile adjudication. Upon remand pursuant to North Carolina General Statute § 7B-2200.5(d), a court can order expungement of all remanded charges.
Expungement of Records When Charges Are Remanded to the District Court for Juvenile Adjudication
Under North Carolina General Statute § 15A-145.8A, a petition for expungement can be filed by the person, the district attorney, or an attorney acting at the request of an individual eligible for expungement. It is filed in the court of the county where the person was convicted.
The petition can cover any misdemeanor or Class H or I felony that is not excluded by subsection (b) of this law. To qualify, the offense must have been committed before December 1, 2019, and while the individual was under 18 years of age but at least 16 years of age.
A petition cannot be filed until any period of probation, active sentence, and post-release supervision ordered for the offense has been served. The individual must also have no restitution orders for the offense at issue and no outstanding civil judgments representing amounts ordered for restitution.
Certain crimes are not eligible for expungement under this section. These include violations of state motor vehicle laws, any crime involving impaired driving, and any offense that requires registration in accordance with Article 27A of Chapter 14 of the General Statutes, regardless of whether the person is still currently required to register.
Expungements of Certain Offenses Committed by Human Trafficking Victims
According to North Carolina General Statute § 15A-145.9, a person convicted of a nonviolent offense can file a petition for expungement of a nonviolent offense from their criminal record if the court finds that the individual was deceived or coerced into committing the offense as a direct result of having been a trafficking victim.
Understanding this type of expungement can be challenging. Fortunately, our Winston-Salem expungement attorneys are here to help you make sense of the process. Schedule a consultation with our attorneys today to get the advice and representation you deserve.
Expungement of Records When Charges Are Dismissed, or There Are Findings of Not Guilty
North Carolina General Statute § 15A-146 addresses situations where a charge is dismissed. This applies when someone is charged with a criminal offense, either a misdemeanor or a felony, or was charged with an infraction prior to December 1, 1999, and the charge ends up being dismissed.
In that case, the individual or the district attorney can petition the court for an order to expunge from every official record any entries relating to their apprehension or trial.
The statute also covers cases involving more than one charge. When a person has been charged with multiple offenses and any charges are dismissed, they or the district attorney can petition to have each of the dismissed charges expunged.
Expungement of Records When Charges Are Dismissed, or There Are Findings of Not Guilty as a Result of Identity Theft or Mistaken Identity
According to North Carolina General Statute § 15A-147, certain victims of identity-related charges can seek expungement. This applies when an individual is named in a charge for an infraction or a crime, whether a misdemeanor or a felony, because another person used the named person’s mistaken identity or identifying information.
The named individual qualifies when a finding of not guilty is entered, or a conviction is set aside. In that situation, the named individual can petition the court in which the charge was last pending for an order to expunge any entries relating to their apprehension, charge, or trial from all official records.
The petition is filed on a form approved by the Administrative Office of the Courts and supplied by a clerk of court.
Expungement of DNA Records When Charges Are Dismissed on Appeal or Pardon of Innocence Is Granted
North Carolina General Statute § 15A-148 states that upon a motion following the issuance of a final order by an appellate court that reverses and dismisses a conviction for an offense in which a DNA analysis was completed, or upon receipt of a pardon of innocence with respect to such an offense, the court will issue an order of expungement of the DNA record and samples.
Schedule a consultation with us today to learn more about this type of expungement. Our expungement attorneys in Winston-Salem will answer your questions, explain your options, and help you with your case if this type of expungement is right for your situation.
Expungement of Records When Charges Are Remanded to the District Court for Juvenile Adjudication
Under North Carolina General Statute § 15A-145.8A, a petition for expungement can be filed by the person, the district attorney, or an attorney acting at the request of an individual eligible for expungement. It is filed in the court of the county where the person was convicted.
The petition can cover any misdemeanor or Class H or I felony that is not excluded by subsection (b) of this law. To qualify, the offense must have been committed before December 1, 2019, and while the individual was under 18 years of age but at least 16 years of age.
A petition cannot be filed until any period of probation, active sentence, and post-release supervision ordered for the offense has been served.
The individual must also have no restitution orders for the offense at issue and no outstanding civil judgments representing amounts ordered for restitution.
Certain crimes are not eligible for expungement under this section. These include violations of state motor vehicle laws, any crime involving impaired driving, and any offense that requires registration, regardless of whether the person is still currently required to register.
Expungement of Records When Pardon of Innocence Is Granted
North Carolina General Statute § 15A-149 addresses expungement following a pardon of innocence. This applies when an individual has been convicted of a criminal offense and ultimately receives a pardon of innocence.
In that situation, the person can petition the court in which they were convicted for an order to expunge any entries relating to their apprehension, charge, or trial from all official records. The petition is filed on a form approved by the Administrative Office of the Courts and supplied by the clerk of court.
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Understanding Sentencing and Its Role in Expungement
Every expungement traces back to a conviction and the sentence tied to it. Because several expungement statutes hinge on the class of the offense and the time since a sentence was completed, how you were sentenced matters during the expungement process.
North Carolina handles misdemeanors and felonies under separate frameworks. Our Winston-Salem expungement attorneys can help you make sense of this process at every stage.
Misdemeanor Punishment Types
For misdemeanors, the state recognizes three kinds of punishment. Active punishment means time served in a local or state jail or similar confinement facility.
Intermediate punishment usually means supervised probation, which a judge may pair with house arrest, electronic monitoring, drug treatment court, or short periods of confinement. Community punishment doesn’t generally include jail, and instead relies on fines, probation, and community service.
Meet with our expungement lawyers in Winston-Salem to learn more about these punishment types. We’ll meet with you to learn more about your offense and explain how expungement could help.
Misdemeanor Levels and Penalties
Misdemeanor sentencing also depends on prior convictions, which are sorted into three levels: Level I for none, Level II for one to four, and Level III for five or more. Once a judge weighs those priors, the maximum penalties by class are up to 30 days and a $200 fine for a Class 3, and up to 60 days and a $1,000 fine for a Class 2.
A Class 1 carries up to 120 days, and a Class A1 up to 150 days, both with fines that are left to the judge’s discretion.
How Felony Sentencing Works
For felonies, the court first calculates a prior record level using points. Each prior conviction adds points by seriousness of offense. You’ll get 10 for a Class A, 9 for a Class B1, 6 for a Class B2, C, or D, 4 for a Class E, F, or G, 2 for a Class H or I, and 1 for a prior misdemeanor.
Those points set six record levels: Level I for 0 to 1 point, Level II for 2 to 5, Level III for 6 to 9, Level IV for 10 to 13, Level V for 14 to 17, and Level VI for 18 or more.
Felony Prison Terms
Felony prison terms depend on the class of the felony offense. You could face up to 12 months for a Class I, 25 for a Class H, 31 for a Class G, 41 for a Class F, and 63 for a Class E.
The higher classes carry far more: up to 160 months for a Class D, 182 for a Class C, and 393 for a Class B2. A Class B1 can reach life without parole, and a Class A can bring life with or without parole or a death sentence.
Felony prison terms are serious and life-changing. If you are facing felony charges or are trying to get a felony expunged from your record, reach out to our team. Our Winston-Salem expungement law firm will provide the assistance you need to get the best outcome possible.
Consequences Beyond Jail and Fines
The consequences of a conviction can extend beyond incarceration and fines. A lawful permanent resident or “green card” holder may face immigration consequences.
Even U.S. citizens can lose a professional license, see child custody rights terminated, or forfeit firearm rights. Consequences like these are a large part of why clearing a record is so important.
Mitigating Factors
North Carolina General Statute § 15A-1340.16 governs aggravated and mitigated sentencing. Mitigating circumstances can lead to a lighter sentence.
They can include acting under coercion that fell short of a defense, playing only a minor role, a condition or youth that reduced culpability without excusing the conduct, and making restitution.
Courts may also weigh cooperation with the prosecution, strong provocation, an early admission of wrongdoing, good character, an honorable discharge, acceptance of responsibility, treatment efforts, steady employment, or another factor tied to sentencing.
Aggravating Factors
Aggravating circumstances can result in a harsher sentence. Aggravating factors can include leading or recruiting others, acting for a criminal gang, committing an offense to avoid arrest or for hire, or targeting public servants such as officers, judges, jurors, or witnesses.
Others include especially cruel conduct, using a deadly weapon, targeting a very young, elderly, or infirm victim, offending while on pretrial release, abusing a position of trust, selling drugs to a minor, or manufacturing methamphetamine near a child.
The statute also covers hate-motivated offenses, permanent injuries, human trafficking involving multiple victims, and any other factor reasonably related to sentencing. Reach out to our expungement law firm in Winston-Salem to learn more about aggravating factors and get started on the expungement process.
How a Winston-Salem Expungement Lawyer Can Help
The expungement process is detailed and requires extensive legal knowledge. A single error or delay can derail your petition and leave you where you were when you first started. Having an experienced expungement lawyer in Winston-Salem on your side can make the difference between a denied filing and a clean record.
Our team can take the following steps to assist you during this challenging and important process:
- Confirm your eligibility by reviewing your specific offense, sentence, and record against the statute that applies to your situation
- Track waiting periods and deadlines so your petition is filed only when the required time has fully passed
- Prepare and file your paperwork on the correct forms in the proper county, complete with any required supporting documentation
- Handle agency review by responding to questions or objections from the district attorney and the State Bureau of Investigation
- Gather supporting evidence such as affidavits of good character and proof that probation, restitution, and sentence terms have been satisfied
- Explain updates to expungement laws in North Carolina
- Keep you informed at every stage, so you always understand where your case stands and what comes next
If you’re ready to clear your record, our expungement attorneys are here to guide you through each step. Schedule your consultation today to learn more about your unique situation and get the help you need to put these matters behind you.
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A clean record can change what’s possible for your career, your housing, and your peace of mind. That said, the rules that apply to this process can be strict and unforgiving. The sooner you find out whether you qualify, the sooner you can start clearing the offense that’s holding you back.
At McMinn, Fradin, Gray & Logan, we’ll confirm your eligibility, handle the filing, and guide you through every step. We have tried-and-true procedures that have worked for decades, state–of–the–art technology, and a cutting-edge team. We don’t cut corners when it comes to handling important cases like yours.
Schedule a consultation with us to meet with a skilled expungement lawyer in Winston-Salem and take the first step toward a fresh start.
Call or text (336) 485-4907 or fill out our Free Case Evaluation Form to get started
