Expunging Criminal Records in North Carolina: Can You Clear Your Record?
Expunging, or clearing, a criminal record in North Carolina can offer a fresh start. However, the state’s expungement laws have specific eligibility requirements and a defined process that must be followed.
Eligibility for Expungement
In North Carolina, certain criminal records may be eligible for expungement depending on factors like the type of crime and the outcome of the case. Generally, records that can be expunged include:
- Non-violent misdemeanors and some felony convictions
- Dismissed charges or cases where a not guilty verdict was reached
- Juvenile records for offenses committed under the age of 18
It’s important to note that certain crimes, such as violent felonies and some serious drug offenses, are not eligible for expungement.
The Expungement Process
The expungement process in North Carolina starts with filing a petition in the court where the charge or conviction took place. This petition must include all relevant case details and meet the state’s legal requirements. After the petition is filed, the court will review the case to determine whether it is eligible for expungement. In some cases, the court may schedule a hearing to gather more information before making a decision. If the court approves the expungement, it will issue an order that removes the record from public access, effectively clearing your criminal history.
Benefits of Expungement
Clearing your criminal record can help restore opportunities that may have been limited by past convictions, such as securing employment, housing, or educational opportunities. Expungement essentially allows you to move forward without the burden of a criminal record.
How Specialized Legal Counsel Can Help
Navigating North Carolina’s expungement laws can be challenging, and the legal process requires precise documentation and attention to detail. Attorney Thomas Amburgey, a Board Certified Specialist in State Criminal Law, has extensive experience guiding clients through the expungement process. His expertise ensures that all legal requirements are met, improving your chances of successfully clearing your record. With his office located in the Jackson Building in Asheville, Attorney Amburgey provides specialized legal representation for those seeking a fresh start.
Trust Thomas Amburgey with Your Expungement Process
Attorney Thomas Amburgey is recognized by Best Lawyers in America, North Carolina Super Lawyers, and the Legal Elite for his expertise in criminal law. If you are looking to clear your criminal record, Attorney Amburgey can help navigate the complexities of the expungement process and work toward a successful outcome.
The articles on this blog are accurate as of their date of publication and are intended to provide general information about the status of the law and commonly accepted practices in North Carolina.
These articles should not be considered legal advice.
For personalized guidance, we recommend consulting with a qualified attorney.
Felony Crimes and Misdemeanors
Thomas Amburgey is a criminal defense lawyer that represents people in a wide and inclusive range of felony and misdemeanor accusations and charges. If you have been accused of a crime, no matter how small you believe it to be, call Thomas today and begin protecting your rights under the Constitution.
Homicide & Capital Crime
Murder is one of the most serious crimes to be accused of and, if convicted, is accompanied by a life sentence, possibly without parole. Some examples of murder charges are:
- Voluntary Manslaughter
- Involuntary Manslaughter
- Vehicular Homicide
- Second-Degree Murder
- First-Degree Murder
Weapons Offenses
Thomas Amburgey’s extensive trial experience as a prosecutor allows him to intimately understand the weaknesses of the state’s case, where their positions lie, and how to best communicate with the DA. He knows the courtroom. Through more than seventy jury trials, he’s gained an innate understanding of what is most important for putting you in the position to win.
- felon in possession of a firearm
- violation of conceal/carry laws
- assault with a deadly weapon
- illegal sale of weapons
DUI / DWI
North Carolina law enforcement does not take DWI/DUI matters lightly and has some of the most stringent sentencing structures in the Country. If you are found to be legally intoxicated on a North Carolina highway, we firmly recommend that you seek a defense lawyer with particular experience with North Carolina DWI/DUI charges. As a former prosecutor, criminal defense attorney Thomas Amburgey is exceptionally knowledgeable of the State Court systems and the DWI/DUI process.
Violent Crimes: Assault, Battery, Domestic Violence
- Assault and Battery
- Assault with Intent to Kill
- Assault with a Deadly Weapon
- Domestic Violence
- Hate Crimes
- Sexual Assault, Rape
- Manslaughter
- Murder/Homicide
- Robbery and Burglary (Breaking and Entering)
- Vehicular Manslaughter
- Violation of Domestic Protective Order (Restraining Order)
- Weapons Crimes
Larceny: Theft, Burglary, Shoplifting
- Concealment of merchandise in a store
- Felony larceny of motor vehicle parts
- Larceny of gasoline at a service station
- Receiving or possessing stolen goods
- Removal of a shopping cart from store premises
Sex Crimes: Child Abuse, Child Pornography, Rape
- Abuse and Sexual Assault
- Indecent exposure, lewd and lascivious conduct
- Indecent liberties with a juvenile
- Internet Sex Crimes
- Molestation
- Pimping, pandering, and prostitution
- Rape and Date Rape
- Sexual Harassment
- Statutory rape (sex with a minor)
Probation Violations
- Failing to report to a probation officer
- Missing curfew
- Testing positive for alcohol or drugs
- Failing to pay fines or restitution
- New charges
Student Offenses
- Assault
- Disorderly conduct
- DWI and DWI under 21
- Fake ID possession
- Underage possession of alcohol
- Possession of marijuana with intent to distribute or for personal use
- Possession of a Controlled Substance
- Prescription Drug Charges
- Sexual assault or battery
DRUG & SUBSTANCE OFFENSES
A drug crime conviction can impose some of the harshest penalties available, including hefty fines, seizure of property, and possible imprisonment. If you are faced with any type of drug crime, you need an experienced criminal defense attorney to help you navigate the complex drug laws of North Carolina.
White-Collar Crime
Common white-collar crimes include:
- Fraud
- Embezzlement
- Money Laundering
- Forgery
If you suspect that you are the subject of a criminal, corporate, or governmental investigation, seek the assistance of an experienced criminal lawyer to help you.
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