In our state, having a criminal record can have significant and long-lasting consequences, affecting your ability to secure employment, housing, and educational opportunities.
However, for those who qualify, sealing or expunging criminal records offers a fresh start by legally removing the record from public view. This blog post will outline the legal procedures for sealing criminal records in North Carolina and discuss the benefits of doing so.
How Does North Carolina Define Expungement?
First, there is no “expungement” in our state, but rather expunction. North Carolina defines expunction as the legal process of sealing or erasing a criminal record.
Once a record is expunged, it is no longer accessible to the public, including potential employers, landlords, and educational institutions. Notably, the individual whose record has been expunged is legally allowed to deny the existence of the expunged record, even under oath.
Eligibility for Expungement in North Carolina
North Carolina law has specific criteria for who is eligible to have their criminal records expunged. Eligibility typically depends on factors such as the nature of the offense, the individual’s criminal history, and the time elapsed since the offense.
Let’s break down who qualifies in a bit more detail.
Non-Convictions
If you were charged with a crime but were not convicted, you may be eligible to have the record of that charge expunged. This applies if your case was dismissed or if you were acquitted (found not guilty). In many cases, you can file for expungement immediately after the case is dismissed or acquitted.
First-Time Non-Violent Offenders
Individuals convicted of certain non-violent offenses may be eligible for expungement if it was their first offense. North Carolina law allows for the expungement of misdemeanor convictions after five years and felony convictions after ten years, provided the individual has not been convicted of any other offenses during that period.
Juvenile Offenses
Juvenile records may also be eligible for expungement in North Carolina. If you were convicted of a misdemeanor or certain non-violent felonies before the age of 18, you might be able to have your record expunged once you reach the age of 18 or after a set period.
The Legal Procedure for Expungement in North Carolina
The process of expunging a criminal record in North Carolina involves several legal steps. To ensure that the process is completed correctly, it is highly recommended that you consult with an attorney who specializes in criminal law.
1. Determine Eligibility
The first step is determining whether you are eligible for expungement. This can be done by reviewing your criminal record and comparing it to the eligibility criteria set forth by North Carolina law. An attorney can assist in this process to ensure you meet the requirements.
2. File a Petition
Once eligibility is confirmed, the next step is to file a petition for expungement with the court where the charges were originally filed. This petition typically includes information about your case, the specific charges you wish to expunge, and evidence that you meet the eligibility criteria.
3. Court Review
After the petition is filed, the court will review your case. This may involve a hearing where you or your attorney will present evidence supporting your request for expungement. The district attorney may also provide input during this process, and the court will consider factors such as the nature of the offense and your conduct since the conviction.
4. Court Decision
If the court grants the expungement, the order will be sent to the appropriate agencies, including the police department, the State Bureau of Investigation, and the Department of Public Safety, instructing them to remove the record from their databases. Once this process is complete, the record is legally considered sealed.
Benefits of Expunction of Your North Carolina Record
Expunging a criminal record in North Carolina offers numerous benefits that can positively impact your life.
One of the most significant benefits of expungement is the potential for improved employment opportunities. Many employers conduct background checks as part of the hiring process, and a criminal record can be a significant barrier. Once your record is expunged, it will no longer appear in background checks, allowing you to apply for jobs without the stigma of a criminal record.
Additionally, landlords often conduct background checks on potential tenants, and a criminal record can make it difficult to secure housing. Expungement removes this barrier, making it easier to find housing and live in the community of your choice.
Likewise, many educational institutions and scholarship programs require applicants to disclose criminal records. Expungement allows you to pursue academic and financial opportunities without the burden of a criminal record.
Perhaps the most crucial benefit of expungement is the peace of mind that comes with knowing your past mistakes are no longer holding you back. With a clean slate, you can move forward with your life and focus on building a positive future.
