Expungement

How Can I Appeal a Guilty Conviction?

Published on: May 10, 2023 | On behalf of Arnold & Smith, PLLC

How Can I Appeal a Guilty Conviction?

A conviction in a criminal case can be devastating. A conviction could result in serious penalties that could have a lasting impact on you and your family. When found guilty of a crime, you will face the sentence that a judge imposes based on the severity of the crime. You may hear that many people appeal their convictions, and some of them are successful. There is a legal method in place to file an appeal. A knowledgeable criminal defense attorney will help guide the appeal process.

Does My Case Qualify for Appeal?

Expunctions in North Carolina

Published on: February 2, 2022 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

When an individual is charged with a crime and sentenced to either prison time, probation, or some other form of reparation, it is expected that the individual carries out that sentence. However, once the terms of the sentencing are over, the record of their conviction stays with them, often impeding their ability to find gainful employment and advance in society. An experienced criminal defense attorney can help individuals have these charges removed from their record through a process called expunction. Read on for what North Carolina residents should know about expunctions in their state.

Can I Get an Expungement in North Carolina?

Published on: October 27, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

A criminal conviction can cause a great deal of strife in your life. As a convicted individual, you may have trouble getting employment, attending school, and renting an apartment. In addition, it could make your relationships difficult. Many people wonder whether they can get their record erased or expunged. Expungement is an option in some circumstances in North Carolina.

Long-Awaited Criminal Justice Reforms Take Effect in North Carolina

Published on: December 16, 2020 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

New North Carolina laws as part of the state’s criminal justice reform went into effect on December 1, 2020. As a result, more North Carolinians are eligible to apply for expungement of their criminal record to eliminate barriers to employment, housing, education, benefits, and voting.

What is the DWI Lookback Period in North Carolina?

Published on: December 9, 2020 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”

Courts must consider a variety of factors, including previous DWI convictions on the defendant’s record, to choose an appropriate sentence and penalties.

Can I Clean Up My Criminal Record?

Published on: April 3, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?”

We have all done things in our past that we would like to forget. Unfortunately, if what you want to forget was a conviction for a crime, your criminal record will make that difficult. However, some crimes might be able to be wiped from your criminal record. There are different tools that might be used to clean up a person’s criminal record, but one of the most common is expungement.

Can Criminal Charges be Dropped?

Published on: October 24, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “The person that called the police doesn’t want to press charges, can I still be prosecuted?”

The prospect of facing criminal charges can lead to anxiety and uncertainty, regardless if the crime is a felony or a misdemeanor. You might think that the only possible outcome is being found guilty or innocent. However, in North Carolina there are additional results for criminal charges. It is important to note that there is no guarantee of any outcome in a criminal charge. Instead, it is helpful to know all of the possible outcomes for your case. Criminal convictions can have life-altering consequences that follow you for years to come. The following are alternatives to a finding of guilt or innocence in a criminal charge.

What is a Conditional Discharge?

Published on: July 4, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

Being charged with a crime in North Carolina can be scary. Suddenly, you are facing serious penalties and even a prison sentence that could be devastating to your life. In criminal cases, most people think of a defendant being found “guilty” or “not guilty.” Not guilty is the ideal finding in a criminal case, but that is not always the result. When defendants hear a guilty verdict, they might think that their lives are ruined. In criminal cases in North Carolina, there are some options for a defendant, even after a finding of guilt.

Certificates of Relief

Published on: November 22, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

We have previously discussed the important changes that will soon go into effect regarding expungements in North Carolina. The law is set to change and will make it easier for more people to wipe the slate clean, deleting from their criminal history certain one-time mistakes that have continued to haunt them years into the future. But what if you do not qualify for expungement? Even though the laws have been loosened to allow more people to experience the benefit of expungement, there are still numerous restrictions that exclude many people in North Carolina.

New Expungement Law and the Duty to Delete

Published on: November 8, 2017 | On behalf of Arnold & Smith, PLLC

We have previously discussed a new expungement law that will go into effect in North Carolina in just a few weeks. The measure, scheduled to be implemented on December 1, 2017, is aimed at improving the currently cumbersome expungement process. The law is specifically designed to make the process faster and simpler for those hoping for a fresh start. Though we have mentioned several aspects of the new law, we have not yet discussed in detail the requirement by background check entities to delete expunged records. For more information about this issue, keep reading.

Background

Before we jump into the details of the duty to delete expunged records, we should take a moment to reiterate some of the most important aspects of the new law. Currently, anyone interested in an expungement must wait a long time, 15 years for felonies or misdemeanors, assuming the conviction is first-time and non-violent. The newly revised law says that the wait time for first-time, non-violent felonies will be dropped to 10 years. First-time, non-violent misdemeanors will have even short waiting periods, as these will now be reduced to only five years. The new law is also helpful to those eager to get a clean slate in that it removes limits on expungements for dismissed charges or not guilty verdicts.