The expunction process gives North Carolina residents the chance to put arrests and even some convictions behind them permanently. Known as expungement in many states, this procedure is authorized by several different statutes, so understanding if you’re eligible for this type of relief might be difficult. Carolina Law Group in Morehead City, headed by Tommy Kellis, can review your circumstances and initiate the expunction process if you qualify. From our office, we assist individuals from Morehead City, Emerald Isle, Atlantic Beach, Newport and other parts of North Carolina who are looking to seal or destroy their criminal records.
An old arrest or conviction might prevent you from getting the job you want, especially if you’re seeking a position in law enforcement or the private security industry. Jobs where someone works with children or is entrusted with significant assets might also require background checks. Government-funded housing and other programs also have certain restrictions related to criminal records. Regardless of the situation, you deserve to be judged on your merits, not a long-ago mistake. Our accomplished North Carolina criminal defense lawyers will look at your particular situation and make every legal effort to obtain an expunction if permissible under state law.
Every American has the right to be considered innocent until proven guilty, but arrests and indictments can remain on your record even if you were acquitted or the charges against you were dropped prior to trial. In all of these cases, expunction is allowed. Moreover, many convictions for nonviolent misdemeanors and even some low-level felonies are eligible for expunction, such as:
You cannot assume that just because the count for which you were found guilty qualifies, that your record will automatically be sealed. Individuals who have been convicted of multiple crimes might not be able to receive an expunction. Depending on the particular offense, there could be a waiting period that must be completed before your petition for expunction will be considered by the clerk of your county’s court. Currently, you must wait at least five years to seek expungement of a misdemeanor conviction and 10 years if you’re looking to remove an eligible felony from public view.
Once your case is expunged, the record of your arrest or conviction should not be available to parties outside of the justice system who are performing a background check on you. However, documentation of the incident is not removed completely, so if you are tried for another criminal charge later on, the expunged case would still be considered as a prior offense for sentencing purposes.
The Carolina Law Group in Morehead City assists North Carolina residents who are seeking to have a criminal record expunged. Our firm serves clients across the area, including Emerald Isle, Atlantic Beach, Newport and other Carteret County locations. Please call us at 252-636-3737 or contact us online for a consultation.