A criminal record can continue affecting your life long after a case ends. Background checks may reveal an old arrest, a dismissed charge or a conviction when you apply for employment, housing or certain professional opportunities.
Fortunately, state law provides several ways to seek an expunction. Eligibility is not automatic, but examining the type of charge at issue, and the time that has passed, can help you to determine whether clearing your record is possible.
Can a dismissed criminal charge be expunged?
Under the North Carolina General Statutes, a person whose criminal charge was dismissed may qualify to have records associated with the charge expunged. The statute also provides expunction options when someone was found not guilty.
This is important for someone who was arrested or charged but never convicted. Even without a conviction, the existence of the case may create questions when a criminal background check is performed.
Can I expunge a criminal conviction?
North Carolina law allows expunction of eligible nonviolent misdemeanors and some nonviolent felonies. However, the law specifically excludes numerous offenses from this category, like:
- Serious felonies
- Assault offenses
- Sex-related crimes
- Offenses requiring sex offender registration
North Carolina also has separate expunction provisions covering particular circumstances, including some offenses committed by younger defendants and offenses connected to human trafficking victimization and prostitution convictions.
Your previous criminal history matters when seeking an expunction. This is because the provision being used, pending cases and additional convictions can affect eligibility.
Before assuming your record cannot be cleared, consider having a legal team review the exact charge and disposition. A legal practitioner can determine which North Carolina expunction statute may apply, whether the required waiting period has passed and what steps are necessary to petition the court.
Clearing an eligible record can provide a vital opportunity to move forward without an old criminal case creating unnecessary barriers. Seeking legal guidance is a great way to get started.