In December 2017, Governor Roy Cooper enacted Senate Bill 445, a new expungement law that took effect immediately. To assist you and the other 10 million North Carolina residents in understanding the implications of this new law, the expungement attorneys at the Neece Law Firm have compiled this guide to expungement law in North Carolina.

What has Changed?

One of the goals of the new law is to reduce the wait time to expunge non-violent misdemeanors and felony convictions. This way, the millions of NC residents with criminal convictions can clear their records faster. The most important components of the change are detailed below:

• Misdemeanor convictions can now be expunged after 5 years instead of 15.
• There is no more limit on how many dismissals can be expunged.
• Felony convictions can now be expunged after 10 years instead of 15.
• Prosecutors and law enforcement personnel will have access to all records.

Expunging a Criminal Record in NC

To expunge a criminal record in North Carolina, you must file your petition at the county courthouse where you were charged. You must fill out the specific AOC form that applies to you. The forms are based on your age, charge and outcome of the case, among other things.

In order to qualify for expungement, you must meet the following criteria:

• Have completed the necessary waiting period for the record you wish to expunge
•  Settled all court-ordered fees and can provide evidence of payment
• Must not be on parole or probation in any jurisdiction
• No outstanding arrest warrants or criminal summonses against you
• No active criminal cases
• No pending criminal charges

Expunging a Felony Conviction in NC

If you face a felony charge in North Carolina, you may be eligible for dismissal or a not guilty verdict. Yet, if convicted, the waiting period varies based on the charge and your age. Generally, convictions for violent felonies are usually not eligible for expungement.

Expunging a Misdemeanor Conviction in NC

If you are charged with a misdemeanor in NC and it results in a non-guilty verdict, you are immediately eligible for expungement. If you are found guilty, the wait period for expungement depends on your age and the specific charge.

Expunging a DWI in NC

DWI convictions are excluded from the non-violent misdemeanor classification and are never eligible for expungement. If your DWI charge is dismissed or you achieve a non-guilty verdict, you are immediately eligible for expungement.

Expunging a Larceny Conviction in NC

Any non-guilty verdict results in immediate eligibility for expungement. However, if you are convicted of Misdemeanor Larceny in NC and you are over the age of 18, you are eligible for expungement 5 years after your conviction. If you are under the age of 18, you are eligible after 2 years.

Expunging a Drug Charge in NC

The new expungement law sets wait periods ranging from 12 months to 10 years based on the charge for individuals under 22 at the time of conviction. If your charge is dismissed, there’s no waiting period. Additionally, successfully completing the 90-96 program may make you immediately eligible.

Will expunged charges appear on a background check for jobs?

No, expunged charges will not show up. However, non-expunged charges and convictions, including dismissals, infractions, prayers for judgement, pending charges, and not guilty verdicts, will be visible on an employer’s background check.

How long is the expungement process in NC?

We typically see them take as little as 3 months but can take up to 12 months in North Carolina.

Where to file for expungement in NC

To expunge a charge or conviction in North Carolina, you need to file at the county courthouse where the charge was issued. For instance, if you were charged in Gaston County, you should submit your petition at the Gaston County Courthouse in Gastonia, NC.

Do I need a lawyer to expunge my record?

While not mandatory in NC, it’s highly recommended to have a lawyer handle your expungement. The process is intricate and time-consuming. You’ll need to file under the appropriate statute, complete the correct AOC form, and possibly appear in court. Any mistake can significantly delay an already lengthy process. It’s advisable to consult with an experienced expungement attorney before submitting your petition. They can review your case and navigate you through the process smoothly. Discover how the attorneys at Neece Law can assist with your record expungement.

Speak with an attorney today to file for expungement.

With over 20 years of legal experience in North Carolina, Neece Law Firm’s attorneys are ready to assist you in clearing your record and moving forward. If you’re eligible for expungement, reach out to us today to start the process.

For more information on Expungement in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 862-0148 today.

Caught speeding in North Carolina? It’s a scenario that many drivers face at some point. While paying off the ticket might seem like the easiest solution, it’s not always the wisest. In this blog post, we’ll explore why hiring an attorney in North Carolina to handle your speeding ticket is a smart move, especially when considering the potential impact on your insurance premiums.

Why Hire an Attorney for Your North Carolina Speeding Ticket?

Legal Expertise: Navigating North Carolina’s traffic laws can be complex, especially for those without legal experience. Attorneys specialized in traffic law understand the nuances of these laws and can provide invaluable guidance on the best course of action for your case.

Protection of Rights: When you hire an attorney, you have someone dedicated to protecting your rights throughout the legal process. They’ll examine the circumstances of your traffic stop, scrutinize the evidence against you, and ensure that your rights are upheld at every stage.

Reduction of Consequences: Paying off a speeding ticket might seem like a quick fix, but it can have long-term consequences. Convictions for speeding violations can result in points on your driving record, leading to increased insurance premiums. An attorney can negotiate with prosecutors to potentially reduce the charges or penalties associated with your ticket, minimizing the impact on your driving record and insurance rates.

Preservation of Your Driving Record: Your driving record is a valuable asset, and keeping it clean is essential for maintaining affordable insurance rates. Convictions for speeding violations can tarnish your record and result in higher premiums. By hiring an attorney, you increase your chances of avoiding or minimizing the consequences of a speeding ticket, preserving your driving record and keeping your insurance rates in check. Oftentimes it’s cheaper to hire an attorney than what it will cost in increased insurance premimums. 

Peace of Mind: Dealing with a speeding ticket can be stressful, especially when considering the potential impact on your insurance premiums. By enlisting the help of an attorney, you can alleviate some of that stress knowing that you have a knowledgeable advocate fighting on your behalf.

While paying off a speeding ticket might seem like the easiest solution, it’s not always the best one. Hiring an attorney in North Carolina to handle your speeding ticket can offer numerous benefits, including legal expertise, protection of your rights, and potentially reduced consequences. Plus, by avoiding convictions that could impact your driving record, you can help keep your insurance premiums affordable in the long run. So, the next time you find yourself facing a speeding ticket in North Carolina, consider investing in the expertise of a qualified attorney to protect your rights and minimize the impact on your insurance premiums.

For more information on Traffic Law in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 862-0148 today.