Serving the Winston Salem, NC Area
Expunctions Matter
A clean record is priceless. Erasing prior charges makes it easier to obtain employment and pursue educational opportunities. An expunction is the removal of information related to an arrest, charge, or conviction from a person’s permanent criminal record. In 2017, the North Carolina General Assembly expanded the ability of individuals to obtain expunctions.
At Harkey Litigation, we understand that your past shouldn’t define your future. That’s why we’re dedicated to helping our clients clear their criminal records through the process of expunction, a vital legal remedy in North Carolina. There are several intricacies of expunction laws in the Tar Heel State and we can offer a fresh start for individuals burdened by past mistakes.
Expunction: A Path to a Clean Slate
An expunction, also known as an expungement, is a legal process that allows individuals to have certain criminal charges or convictions removed from their criminal record. This can be a game-changer for those seeking employment, housing, or a fresh start in life.
Expunction is now available for criminal convictions, dismissals, and other case dispositions. North Carolina no longer limits the number of expunctions a person may obtain for dismissals and not guilty judgments. The state has also reduced the waiting period required to obtain an expunction for misdemeanor and felony offenses.
Understanding Expunction Eligibility
In North Carolina, eligibility for expunction depends on various factors, including the nature of the offense, the disposition of the case, and the amount of time that has passed since the conviction or dismissal. Here are a few key points to consider:
- Dismissed or Not Guilty Verdicts: If your charges were dismissed or you were found not guilty, you are immediately eligible for an expunction. This can help you eliminate any trace of the arrest from your record.
- First Offender Expunction: If you were convicted of a non-violent misdemeanor or non-violent-low-level felony and have remained crime-free for a certain period, you may be eligible for a first-time offender expunction. This can be a significant opportunity to wipe the slate clean.
Hire a Specialist
To clean up your criminal record, don’t settle for anything other than an experienced attorney. Harkey is a board-certified specialist in North Carolina Criminal Law. This distinction is held by less 3.9% of North Carolina attorneys. Contact our office in Winston-Salem, North Carolina for a free consultation.
Expunction Service Areas: Forsyth County, Guilford County, Davidson County, Davie County, Stokes County, Surry County, and Yadkin County.
The Benefits of an Expunction
In North Carolina, the benefits of an expunction are substantial:
- Employment Opportunities: A clean record significantly improves your chances of securing meaningful employment. Many employers conduct background checks, and expunction can make you a more attractive candidate.
- Housing Opportunities: Landlords often conduct background checks on prospective tenants. A clean record can help you secure housing more easily.
- Peace of Mind: Perhaps most importantly, expunction can offer peace of mind. You can move forward with your life without the burden of past mistakes.
An expunction is when a court orders the removal of information related to an arrest, charge, or conviction from a person’s permanent criminal record.
If your case was dismissed or if you were found not guilty, you are immediately eligible for an expunction. If you were convicted of a non-violent misdemeanor, you are eligible for an expunction after 5-years. For non-violent felony convictions, you are eligible for an expunction after 10-years.
If you are eligible for an expunction, you should have everything removed from your criminal records as soon as possible.
A licensed attorney makes a motion to the court on your behalf asking the court for the destruction of information related to your criminal record. The process involves your attorney, the district attorney, and the court.
There is no set time period for how long the process will take. However, expunctions can typically be obtained within several weeks of hiring an experienced attorney.
We recommend hiring a qualified attorney to handle your expunction matter. W. Scott Harkey is a board-certified specialist in North Carolina Criminal Law.
Expunction Attorney With A Strong Track Record - Winston Salem