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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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Here's how NC's new expunction laws can help you

1/26/2018

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Expunge misdemeanors in AshevilleAsheville criminal defense lawyer Meghann Burke
Thousands of Buncombe County residents have been able to clean up their criminal records by expunging dismissed charges or old convictions. However, until recently there were major shortfalls to North Carolina’s expunction laws. These shortfalls left many people struggling to find and keep a job or an apartment after their criminal case had been resolved. Many of these people found it hard to make positive change in their lives with old charges hanging over them.

​NC Senate Bill 445: What are the new expunction laws?

​The North Carolina legislature made significant changes to the existing expunction law in 2017. These changes have the potential to help thousands of people move on with their lives after being charged with a crime. Here are the highlights of the new expungement legislation:
  • The waiting period to expunge first-time nonviolent misdemeanor convictions has been reduced from 15 years to 5 years. This means that people who want to expunge misdemeanor larceny, drug possession, or other nonviolent larcenies still have a significant waiting period before they can have their charges expunged, but the wait is not as burdensome as it once was. Only non-violent misdemeanors that are unrelated to domestic violence can be expunged.
  • The waiting period for first-time nonviolent felonies has also been reduced. The new waiting period is 10 years, as opposed to 15 years. Those who want to expunge felony convictions still must wait a long time; however, many people with felony drug convictions from 2007 or earlier could seek an expunction once the revised law goes into effect.
  • People who have multiple dismissed charges or charges that resulted in a not-guilty verdict can now seek more than one expungement in their lifetime. Previous versions of the expunction law only allowed people to seek one expunction in their lifetime. Even if the petitioner sought only to expunge dismissed charges, they were barred from doing so if they had already used their one expunction.
Expunging old charges in AshevilleImage by juras10 / 123RF Stock Photo
Some of the old limits of the law still apply. For instance, people can only seek an expunction if they have not previously been convicted of a felony. Only nonviolent charges that were unrelated to domestic violence can be expunged. Special rules apply to expunging DWI charges.
 
In addition, charges and convictions that are expunged after December 2017 – when the changes go into effect – can be accessed by district attorneys’ offices and can be considered as prior offenses for sentencing purposes in future criminal cases.

Contact an Asheville criminal defense attorney for help expunging your record

Getting an expunction was already complicated, especially for someone who didn’t know how to get a criminal record expunged. The changes to NC’s expunction law, while positive, are likely to make the process even more complex. In addition, even if you are not sure if you are eligible to expunge your charges, it’s important to speak to an attorney to be sure. Sometimes there are other ways of asking the courts to order that old charges be erased from your record. For more information about the expungement process in North Carolina and how an attorney can help, contact us through the form on this page or call our Asheville law office at (828) 255-5400.

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

    Enter the type of charge, county, and anything else you'd like us to know.
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Brazil & Burke in Asheville, NC
  • Home
  • Who We Are
    • Our Attorneys >
      • Bill Brazil
      • Meghann Burke
      • Margaret Teich
    • Our Staff
    • 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