A past charge or conviction can follow you for years — surfacing in background checks for jobs, housing, professional licenses, and more. North Carolina law may allow eligible individuals to clear certain records through a process called expungement (also called expunction). At Hancock Law Firm, attorney Joel Hancock helps people in Carteret County determine whether they may qualify and guides them through the petition process.
What Is an Expungement in North Carolina?
An expungement is a court order that removes an eligible charge or conviction from your public criminal record. Once granted, an expunged record is generally removed from public databases, and in many situations you may be able to lawfully state that the expunged matter did not occur. North Carolina expungements are governed by Chapter 15A of the General Statutes.
Who May Be Eligible?
Eligibility depends on the specific offense, the outcome of your case, and your overall record. People who may qualify include those with:
- Charges that were dismissed or that ended in a not-guilty verdict
- Charges resolved through deferred prosecution or conditional discharge
- Certain nonviolent misdemeanor convictions
- Certain nonviolent felony convictions
- Offenses committed while under a certain age
- Identity theft or mistaken-identity situations where you were wrongly charged
Please note: North Carolina law generally does not allow expungement of DWI convictions.
North Carolina’s Second Chance Act
North Carolina expanded expungement eligibility through the Second Chance Act, which broadened who may petition and, in certain cases, may provide for automatic expunction of dismissed charges and not-guilty verdicts. Because the rules have changed in recent years, it may be worth having your record reviewed even if you were told in the past that you didn’t qualify.
The NC Expungement Process
While each case is different, the process may involve:
- Reviewing your record to assess eligibility.
- Preparing and filing a petition in the county where the charge occurred.
- State review, which may include review by the SBI, the district attorney, and the court.
- A judge’s decision on the petition.
The process may take several months from filing to a decision.
Why an Expungement Matters
Clearing an eligible record may help you:
- Pass background checks for employment and housing
- Pursue professional licenses and educational opportunities
- Move forward without a past mistake defining your future
How Hancock Law Firm Can Help
Joel Hancock personally reviews each client’s record, explains what is and isn’t eligible under current North Carolina law, and prepares and files the petition on your behalf. As a Carteret County native who focuses his practice on criminal defense, Joel understands the local courts and can guide you through each step of the process.
Talk to a Carteret County Expungement Attorney
If you’re ready to explore clearing your record, contact Hancock Law Firm for a free, confidential consultation. Call today and speak directly with Joel.