Articles Tagged with Expungement

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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.

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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.

 
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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.

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

Starting December 1, 2017, a new North Carolina law will make the path to the expungement of non-violent criminal convictions significantly shorter and easier for individuals hoping for a clean slate. The wait time for qualifying felony and misdemeanor convictions will be considerably shortened, and the current restrictions on the number of dismissed or not guilty charges will be lifted creating an exciting opportunity for qualifying residents of the Charlotte and Lake Norman area.

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J. Bradley Smith of Arnold & Smith, PLLC answers the question: “What are the long term effects of being convicted of a crime?”

Government leaders in Asheville, North Carolina have followed those throughout other cities and states across the country in “banning the box”. Ashville joins six other North Carolina local governments in deciding to remove criminal history questions form their job applications. The move is an important one for those in western North Carolina and, more broadly, for prospective employees with criminal histories across the country who may now be more likely to receive a fair shake when applying for work.

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J. Bradley Smith of Arnold & Smith, PLLC answers the question: “What is an expungement?”

Today was a big day for those advocating change to harsh criminal laws that allow young offenders to be charged in the adult criminal justice system. Currently, New York and North Carolina are the only two states in the country where 16 and 17-year-olds are automatically prosecuted as adults. Though this still remains true, New York took a huge step to rectifying some of the problems caused by trying juveniles as adults.

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

Marijuana legalization is a concept that went from seemingly impossible to near mainstream in the span of only a few years. Washington and Colorado were among the early movers that have paved the way for other states who are now taking the plunge. Oregon, though not the first to abolish legal consequences for growing, possessing and buying marijuana, has taken a step ahead of other states by tackling the issue of criminal records of those with marijuana-related crimes.