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.

​The answer to this question depends on the timing of your charges and how they were resolved in court:

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.
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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.

​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.

​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.

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.

​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:

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.

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.