Hendersonville, North Carolina
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What is an expunction of a criminal record?
In North Carolina, an expunction is the destruction of a criminal record by court order. This same process is sometimes also called “expungement” of a criminal record. After the expunction is complete the individual, in the view of the law, is in the same status as before the criminal record existed. With a few exceptions, after an individual is granted an expunction he or she will not have to disclose anything further about the incident and may truthfully refuse to acknowledge the criminal incident occurred.
Mr. Pearson offers a free 30-minute consult for all criminal matters, including expunctions. Call us at (828)424-9859 to schedule your appointment today!
Why is expunction relevant?
A criminal record can make it hard to find good paying work or affordable housing. It can also complicate family matters, and make it difficult in variety of other ways for an individual to be able to have a good quality of life and provide for their family. After receiving an expunction, a person may, for example, without false statement answer on a job application that they have not faced criminal charges.
Who qualifies for an expunction?
Criminal records eligible for expunction in North Carolina are generally limited to the following three categories:
If you feel any of your convictions need to be reviewed, please contact Attorney Douglas Pearson to discuss your situation—options to re-open your record may be available which could allow you to qualify for an expunction.
What are the steps to getting an expunction?
First Mr. Pearson will need to know more about you and your situation to see if you might qualify for an expunction. If after an initial meeting he thinks it could be possible to apply for an expunction, he will then need to obtain a complete copy of your criminal record to review. He may also need to do preliminary work, like re-examining your record and determining if there are other outstanding legal issues to address. Once the preliminary work is done he will follow county-specific procedures to submit a petition for expunction. This is done through a specific Administrative Office of the Courts (AOC) application form and, depending on the situation, may also have attached affidavits required. If the petition is approved by the Judge, it will be filed and submitted to the State Bureau of Investigation (SBI). It is currently taking about six to nine months for approved petitions to come back from the SBI. Once the petition is finalized by the SBI, the individual who received the expunction will no longer have a criminal record if a criminal background check is conducted.
How long does it take to get an expunction?
From the first meeting to the final removal of the charges from the records will take around eight months to one year. If you think you might qualify for this opportunity for a clean slate contact us to get started right away.
Would an expunction help you to have a second chance to gain a fresh start? Contact Attorney Doug Pearson at (828)424-9859 to schedule your free 30-minute consult to discuss your case!
Disclaimer: The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of this website or any links contained within the site do not create an attorney-client relationship between The Pearson Law Firm, PLLC, and the reader or user.