Mooresville Expungement Lawyer

Mooresville Expungement Attorney

Anyone who has been charged or convicted of a criminal offense in North Carolina can probably tell you that having a criminal record can cause some frustrating problems. This includes obstacles to getting a job, home, loan, insurance, education, and some professional licenses.

Even if your case is dropped, it might still show up on background checks and may be held against you. If you think you might be eligible for an expungement, consider consulting a qualified Mooresville expungement lawyer.

The legal team at Lassiter & Lassiter Attorneys at Law understands that people deserve a chance to start fresh after serving a sentence for criminal charges. We have represented clients in Mooresville and the surrounding counties since 1970. Our goal is to help our clients get the fresh start they need, and we want to put our knowledge and experience to work for you.

Understanding Expungement in North Carolina

Expungement, which is sometimes also called expunction, is a legal process that allows a person to remove a criminal conviction or charge from their record. It also either seals or destroys the state records of the arrest, charge, and conviction when applicable. Once an expungement has been granted, the person does not have to report the charge or conviction, such as on applications for a job, housing, professional licenses, or loans.

Some juvenile records can also be expunged, but the process is a little different from the process for adult criminal charge and conviction expungement. There are still some situations where an expunged case might still be used to make legal decisions, such as in a federal immigration status decision.

The Expungement Process

First, an official petition must be filed with the court, which requires relevant documents to support the expungement, such as affidavits, notarized statements of your good character, or paperwork that shows the outcome of your case. The District Attorney’s Office may review your request to decide if they oppose the expungement. Then, the Administrative Office of the Courts and the State Bureau of Investigation will review the petition. A hearing may be required.

What Can Be Expunged in North Carolina?

In 2017, North Carolina’s governor signed Senate Bill 445, which aimed to help NC residents reduce the time it takes to have felony convictions and non-violent misdemeanors expunged. Some important aspects of this bill include:

• Expungement for misdemeanor convictions can happen after 5 years rather than after the previous waiting period of 15 years.
• Felony convictions may be expunged after 10 years. This also previously took 15 years.
• There is no longer a limit on how many expungements you can have for dismissals.

What can be expunged in North Carolina depends on several factors, including the type of offense, the person’s age at the time of the charge, whether the charge was dismissed, if the person was found not guilty or convicted, and how many other convictions the person has. These factors may also affect when the person can file for expungement, as there may be a waiting period for some cases.

Some common types of cases that may be able to be expunged are:

• Misdemeanor convictions
• Drug-related offenses
• Non-violent felonies
• Prostitution
• Alcohol-related infractions
• Identity theft
• DNA records

Some situations may have additional requirements. For example, you may be required to pay any fines or restitution or have completed your sentence, including probation; you may not be able to have any pending charges other than traffic tickets; you may have to provide a complete list of agencies that need to be notified.

How a Lawyer Can Help

In North Carolina, people can file for expungement without a lawyer, but court officials like judges and clerks of court can’t provide any legal advice or tell you if you are eligible. In addition, the court will not provide a lawyer, and if you are denied an expungement, you may not be able to appeal. An experienced criminal defense attorney in Mooresville can assess your eligibility, make sure you have all the necessary documentation, and represent you in a hearing if necessary.

FAQ

How Much Does It Cost to Get Your Record Expunged in North Carolina?

To get your record expunged in North Carolina, there is usually a $175 fee to file the petition. However, there are some circumstances where a fee may not be required, such as for certain charges that were dismissed or resulted in a not-guilty verdict. If you can’t afford the filing fee, the court may be able to waive it in some situations.

How Long Does It Take to Expunge a Record in NC?

Expunging a record in NC can take several months. It depends on how long it takes for criminal record checks to be done and a hearing to be scheduled. In addition, filing for an expungement does not guarantee that it will be granted. If your expungement is denied, you may still be able to appeal, and the timeframe to file an appeal may be short.

Who Can See Expunged Records in NC?

Expunged records in North Carolina are only removed from state agencies. This means that the case may still show on privately owned websites, databases, or other records. For example, many credit bureaus, title companies, information brokers, and media contracts receive data downloads from courts, generally for marketing purposes. Prosecutors in North Carolina may also still be able to see expunged cases and use them against you in future cases.

Can a Simple Assault Charge Be Expunged in NC?

In NC, a simple assault charge can be expunged if the case was dismissed or the verdict was not guilty. If the person is over 18 at the time of the offense and is convicted or plead guilty to simple assault, the case might not be expunged. If the person was under 18, or this is their only violent crime conviction, an expungement may be possible.

Mooresville Expungement Lawyer & Law Firm

At Lassiter & Lassiter Attorneys at Law, we firmly believe in second chances. If you or a family member is struggling to move on because a criminal record is holding them back, expungement may be an option. Contact our office to set up an initial consultation to discuss eligibility and your chance at a clean slate.