A criminal conviction can cause a lot of problems in your life. You may find it difficult to get a job, rent an apartment, or attend college, among other things. A conviction may be easily found through a background check or other online resources. If you have a conviction, you will want to know how long it will remain on your record and whether you may be able to have it removed. A knowledgeable criminal defense attorney provides guidance and answers your questions regarding a conviction.
Expunctions
A criminal conviction may remain on your record unless you are able to get it sealed or expunged. Although some types of offenses are permanent, there are some types of criminal convictions that may be expunged. Expunction is a process that removes a criminal record. In some cases, you may be able to petition for expunction of a conviction if you meet the particular criteria. Sealing a record means that it is not visible to the general public, but those in law enforcement will still be allowed access.
Second Chance / Clean Slate Law
The Second Chance Act, also now called the Clean Slate Act, is North Carolina legislation that provides for the automatic sealing of some types of misdemeanor convictions. The law applies to some misdemeanors and felonies that were dismissed or that resulted in a verdict of not guilty. In these instances, the information is sealed automatically, so you won’t need to file a petition. Additionally, the act also provides for eligibility for expunction of a first misdemeanor conviction five years after completion of the sentence and seven years in the case of multiple convictions. A non-violent felony may be eligible for expunction after a period of ten years. Records for convictions for serious charges such as murder cannot be expunged.
What Are the Benefits of Expunction?
A criminal record can impact your life in many ways. When you get your record sealed or expunged, your life may improve in various ways. When an employer or landlord reviews your background report, it will not show your criminal conviction. This means that you will have a better chance of getting a job or renting an apartment. With a sealed or expunged record, you will essentially have a clean slate, so you can start over. Your past problems will no longer negatively affect your life.
How Do I File for an Expunction?
There is a process in place to request an expunction. First, determine eligibility. You cannot request expunction until you reach the time requirement. File a petition in the jurisdiction where your conviction occurred. Some types of expunctions require you to pay a fee. If necessary, you will be required to attend a hearing. At the hearing, the judge will review the details of your case, confirm eligibility, and make a decision. Importantly, you may not be granted an expunction based on the judge’s determination.
If you have a criminal record, you will want to take steps to seal it from public view. To learn more about how to seal or expunge a criminal conviction, call us at Arnold & Smith, PLLC, at (704) 370-2828 to discuss the matter with our skilled attorneys.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/expunge
https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_14/Article_1.html
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