fbpx
Archives
  • February 2023
  • January 2023
  • October 2022
  • September 2022
  • July 2022
  • May 2022
  • March 2022
  • February 2022
  • December 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
Categories
  • Announcements
  • Business Litigation
  • Civil Litigation
  • Criminal Law
  • Dispute Resolution
  • Federal Crime
  • Fraud
  • Mediation
  • White-Collar
Meta
  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org
Harkey Litigation Legal
  • HOME
  • OUR FIRM
    • Harkey Litigation
    • W. Scott Harkey
    • Notable Cases
    • Criminal Case Results
  • PRACTICE AREAS
    • Criminal Defense
    • Complex Civil Litigation
    • Mediation
  • NEWS & INSIGHTS
  • CONTACT
  • (336) 666-0899
Harkey Litigation Legal
Harkey Litigation Legal
  • HOME
  • OUR FIRM
    • Harkey Litigation
    • W. Scott Harkey
    • Notable Cases
    • Criminal Case Results
  • PRACTICE AREAS
    • Criminal Defense
    • Complex Civil Litigation
    • Mediation
  • NEWS & INSIGHTS
  • CONTACT
  • (336) 666-0899

How Expunction Works in NC

May 20, 2022
-
Criminal Law
-
Posted by Brian Watkins
Expunction of criminal records

Expunction is the legal term for what many people refer to as “expungement.” The terms are interchangeable and refer to a legal resolution where non-violent charges can be removed from a person’s record. 

Whether an individual is eligible for expunction depends on the severity of the charges. Typically expunction cases deal with theft of property, such as misdemeanor larceny, which is the most common.

Misdemeanor or felony drug charges are also common offenses for which individuals seek expunction.

At a glance, here is some minimum criteria for expunction eligibility for convictions:

  • It must be the individual’s first nonviolent felony or misdemeanor
  • For a single misdemeanor, the individual must have served their sentence and have had 5 years of good behavior since the date of the conviction.
  • For felony convictions, the individual must have served their sentence and have had 10 years of good behavior from the date of the completion of their sentence.
  • The individual has no outstanding warrants or pending criminal cases against them.

As you can see, it takes time to become eligible for expunction, and it’s not something available to someone who was just convicted of a misdemeanor or felony.

Any charges that have been dismissed can be expunged. In fact, starting semi-recently in NC this process is automatic when charges are dismissed.

Exceptions & Where Expunction Is Not Viable

Expunction is only available for those charged with nonviolent crimes. Any violent crimes, such as armed robbery, assault, driving while impaired, and certain types of drug charges are not eligible for expunction.

The distinction between violent and nonviolent is important for another reason. When it comes to cases of embezzlement, for instance, it’s only considered nonviolent if the amount embezzled is under $100,000.

Once the amount embezzled is $100,000 or more, the crime is then legally considered a violent crime – whether there was actual violence or not. (This is because the crime becomes a Class C felony rather than a Class H.)

As such, embezzlement charges over $100,000 are not eligible for expunction.

Other exceptions include:

  • Class A-G felonies, because these are considered serious offenses that cannot be expunged.
  • Offenses that require sexual offender registration.
  • Felonies that involve possession of methamphetamines, heroin, or possession with intent to sell cocaine.
  • Charges where a commercial vehicle was used in the commission of the crime

See more about expunction stipulations here.

Specific Ways Expunctions Help Individuals

The top reasons people seek expunctions, or expungements, tend to be because their felony charge prevents them from obtaining work. 

Transportation jobs that require a CDL license, anything that involves handling money – such as working at a bank or serving as a treasurer – are all jobs someone with a felony cannot get. Jobs in security are also difficult or impossible to attain for those with a felony charge.

In addition, anyone with a felony cannot legally own or purchase a firearm. Many people realize this about handguns but may not realize it also includes things like simple hunting rifles.

For these types of circumstances, it makes sense to seek an expunction because removing the felony then opens up a lot of opportunities.

Tags
Criminal law
Criminal Records
Embezzlement
Expunction
Felonies
Nonviolent Crime
White Collar Crime
Email
← PREVIOUS POST
What Is Embezzlement of State Property?
NEXT POST →
Harkey Certified as Superior Court Mediator

Related News

Other posts that you should not miss.
District Court Violation Notice

What is a United States District Court Violation Notice?

March 19, 2022
-
Criminal Law, Federal Crime
If you are accused of committing a misdemeanor offense on federal land, you likely received a United States District Court Violation Notice. The charging document looks like a speeding ticket. It lists the date of offense, offense charged, place of offense, description of the offense, and your personal information.
Read More →
Posted by Harkey Litigation
4 MIN READ
NCBA White Collar Task Force

Harkey to Chair White-Collar Task Force

August 20, 2021
-
Announcements, Criminal Law, White-Collar
Harkey Litigation attorney W. Scott Harkey has been appointed to Chair the White-Collar Task Force for the North Carolina Bar Association’s Criminal Justice Section.  The White-Collar Task Force…
Read More →
Posted by Harkey Litigation
1 MIN READ

Legal Questions Our Winston Salem Clients Often Ask

December 21, 2021
-
Criminal Law
Being the target of a state or federal investigation is always a stressful experience, as are the variety of other criminal or civil suits for which one would…
Read More →
Posted by Brian Watkins
4 MIN READ
LATEST FROM TWITTER

Twitter feed is not available at the moment.

NEWS & INSIGHTS
  • February 28, 2023
    What is Identity Theft in North Carolina?
  • January 24, 2023
    Harkey Recognized by 2023 North Carolina Super Lawyers®
  • January 19, 2023
    Larceny Charges in North Carolina
GET CONNECTED
CONTACT OUR FIRM

Harkey Litigation

380 Knollwood Street

Suite 305

Winston-Salem, NC 27103

336-666-0899

Disclaimers & Privacy Policy
Copyright 2021. Harkey Law Firm, PLLC.
How Expunction Works in NC - Harkey Litigation