North Carolina law allows certain adult criminal records to be expunged or sealed. While many people think sealing and expungement are different, in North Carolina, they are one and the same. The term “sealing” in reference to criminal records is not formally recognized within the North Carolina legal system. However, the act of expungement, also referred to as “expunction” or “the sealing of records,” does remove criminal records from public access.

Law enforcement officers and prosecutors will still be able to view these records, but companies that conduct background checks and provide information to potential employers may not. They could be held liable if they report an expunged conviction. If you have questions or concerns regarding a criminal conviction you hope to have expunged, contact a North Carolina expungement lawyer today. 

Understanding Expungement of Adult Criminal Records

If you are granted an expunction by the court, you are generally protected from perjury charges and arrest should you ever deny that the conviction, charge, or arrest ever happened. Once your criminal record is expunged, you no longer need to report it on mortgage applications, leases, or employment applications. You are under no obligation to disclose your criminal past to anyone else and can go about your life as though it never happened.

An expungement, however, might not fully shield you from the consequences of your charge, arrest, or conviction. For instance, an expungement might not preclude your case from being used for decisions regarding federal immigration.

What Are the Eligibility Requirements for Expungement?

While most expunctions have a mandatory waiting period before you can file, those who received a not-guilty verdict or whose cases were dismissed may be eligible to have their records cleared immediately.

Depending on the crime you were charged with and when it was committed, your eligibility can vary. The guidelines listed below can help you determine your eligibility. They include:

• Multiple nonviolent misdemeanors: You can request expunction seven years from your most recent criminal conviction or once you have completed your probation or post-release supervision. 
• A single nonviolent felony: You become eligible 10 years from the date of your conviction, or from the day you finish serving your sentence, post-release supervision, or probation. 
• Up to three nonviolent felonies: You may apply for expunction 20 years after your conviction, or 10 years after you complete your supervision, probation, or any sentence served.
• One nonviolent misdemeanor: You may be eligible for expungement five years after the date of your conviction.

If you are 17 or younger and commit a misdemeanor traffic violation, you should be eligible for expungement in two years’ time. The waiting period for expungement of other juvenile offenses depends on the type of crime that was committed.

Not Every Crime is Eligible for Expungement 

If you were convicted of a violent crime, North Carolina law does not allow your record to be expunged. In fact, violent crimes are often referred to as “non-expugnable” offenses and may include:

• Sexually-based offenses
• Violent felony offenses
• Any conviction that includes an assault charge
• DUI/DWI
• Crimes against children

If you are wondering whether or not your criminal case is eligible for expungement, talk to an experienced North Carolina expungement lawyer to find out more about your eligibility.

Call Ryan Willis Law, PLLC

No one wants their past mistakes to determine their future. Fortunately, the North Carolina expungement lawyers at Ryan Willis Law, PLLC, are up to date on expungement laws and know how to guide you toward a fresh start.  

We can review the facts of your case and advise you on the best course of action. To schedule a consultation with a trusted member of our team, call 919-341-6294 or fill out our online contact form, and we’ll get back to you.