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How many NC expungements can I get?

2/5/2018

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Asheville criminal defense attorney Meghann BurkeAsheville criminal defense attorney Meghann Burke
New expungement laws in North Carolina have given more Asheville residents an opportunity for a clean slate. The new laws, which took effect in December 2017, are complex at first glance. One major change is in the number of expungements people can get in North Carolina.

​How many charges can I expunge from my criminal record?

​The answer to this question depends on the timing of your charges and how they were resolved in court:
Expunge dismissed charges in Buncombe CountyExpunging more than one charge is possible in some cases. / Photo: pixelrobot / 123rf
Expunging multiple convictions at once is generally possible if the charges in question were disposed of in the same term of court or in the same 12-month period. This is only true of non-violent offenses.
  • Therefore, if you were convicted of a nonviolent misdemeanor in December 2005 and of a nonviolent felony in June 2006, it is possible that you could have both of these charges expunged from your record because they were disposed of in the same 12-month period.
  • If you were convicted of both of these charges in December 2005 during the same term of court, you would also be eligible to have them expunged.
People who have felony convictions must wait for 10 years before they can file for an expunction. Misdemeanor convictions carry a 5-year waiting period before they are eligible for expunction.
​
There is no limit on how many dismissals or verdicts of not guilty you can expunge. This contrasts with North Carolina expungement laws prior to December 2017, when only one expunction was allowed in most cases, even when the charges in question were dismissed. This rule only applies if you have not been convicted of a felony since the charge(s) you want to expunge were dismissed.

​Are there expunction options for people with multiple felony or misdemeanor convictions?

​Multiple convictions on your criminal record can prevent you from getting gainful employment and stable housing – a seemingly-insurmountable bar to leading the kind of life that would allow you to provide for yourself and your family. There may be some post-conviction relief available to you even in cases like this.

​Contact an Asheville criminal defense attorney to discuss your expunction

​While anyone can file an expunction petition themselves, it is always safest to consult with an attorney before taking any legal action. Without the advice and skills of an experienced attorney, the expunction petition you file could bar you from seeking this relief in the future. Contact our firm today or use the form below to discuss your criminal record with one of our attorneys.

    Tell us about your Asheville criminal charges for a free case evaluation.

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Brazil & Burke in Asheville, NC
  • Home
  • Who We Are
    • Our Attorneys >
      • Bill Brazil
      • Meghann Burke
      • Margaret Teich
    • Our Story
    • Representative Cases
    • In the News
  • What We Do
    • Mediation
    • Criminal Defense
    • Personal Injury
    • Business Litigation
    • Civil Rights
  • Contact
    • Evaluate My Case
    • Schedule a Mediation
  • Blog