Expungement
Background checks have become a fact of life for almost everyone. Whether you are trying to get a job, renting an apartment, applying for a license or permit, or even trying to go on a school trip with your child, chances are that someone is going to check your record. Unfortunately, many people find that when they have been accused of a crime, the mere fact that they were charged will be held against them, even if those charges were dropped or even if they were found innocent at trial.
North Carolina law provides a remedy to this problem, the Petition for Expunction. This procedure, commonly referred to as an "expungement," allows all record of a criminal case to be removed from the official record. In many ways an expungement makes it appear as if a case never existed.
The attorneys at Welch and Harris have handled many expunction petitions in both Superior Court and District Court. Contact us to discuss your situation in greater detail and see if you may qualify to have a blemish to your record removed. At a free consultation, your attorney will discuss the disposition of your case and explain the process whereby your record is cleared. In almost every case we can complete an expunction without our client having to attend court.
There are some rules that govern which cases can be expunged and who can qualify for an expunction:
- The case to be expunged must have been dismissed, or a verdict of Not Guilty must have been entered (so if your charge was reduced to a lesser offense, the original charge can still be expunged, but the conviction will still appear on your record);
- An individual may only have one expunction granted during their lifetime, so you may not have had another expunction before;
- You may not be a convicted felon.
If you are unsure whether you qualify, contact us and we will be happy to discuss your situation in greater detail. In addition, for cases involving individuals under the age of 18, some additional provisions may apply. Don't let a criminal record hold you back, especially if you were never convicted of anything to begin with!