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Expungement requirements in North Carolina

On Behalf of | Jun 3, 2019 | Criminal Defense |

Many talk about the importance of you being able to move on with your life in Wilmington following a criminal conviction. Actually doing so can be difficult due to the mere fact that you have such an offense associated with your name. Many in your same situation have come to us here at The Law Office of L. Bryan Smith, P.C. asking if there is some form of relief that can help them find post-conviction success. Like them, you will be happy to there that there is: expungement. 

The state is just as invested in you finding success after having paid your debt to society as you are. Thus, it has removed some of the barriers to you achieving that success through its expungement laws. Section 15A-145.5 of North Carolina’s General Statutes states that you can file a petition to have your record expunged five years after having been convicted of a nonviolent misdemeanor or ten years after having been convicted of certain nonviolent felonies. Your petition must contain the following: 

  • Evidence that you have maintained a good moral character since the date of your conviction and have committed to other offenses (other than traffic violations)
  • The testimonies of two witnesses (not related to you) verifying your character and reputation
  • Recognition that the petition is a motion in the case for which you were convicted 
  • Authorization for the state to conduct a background check
  • A statement showing that there are no pending civil actions or judgments against you

Multiple nonviolent misdemeanor or felony convictions against you that were addressed in the same session of court are considered a single offense in the context of expungement. More information on dealing with criminal charges can be found throughout our site.