Most people realize that if they have been convicted of a crime, they will have a criminal record. What they may not realize is that dismissed charges and not guilty verdicts are also on their criminal record and can affect how employers, lenders, landlords, and others perceive them.
A new law set to take effect later this year will automatically expunge some non-convictions and will reduce the waiting period to petition for certain convictions to be removed.
At Jetton & Meredith, PLLC, we have experience in the expunction process, helping clients minimize how past mistakes impact their future. We have a thorough knowledge of both existing and new laws that can benefit our clients.
Defining Expungement
When an arrest, charges, dismissed charges, not guilty verdicts, and convictions are expunged from your criminal record, they are completely removed. Even mugshots must be removed from public databases. In effect, that arrest or conviction – whatever is expunged – never happened.
An increasing number of states are considering automatic record expungement laws for certain convictions and types of crime. Connecticut, Michigan, Pennsylvania, Utah, and Virginia have implemented “clean slate” laws and about a half dozen other states have introduced legislation. North Carolina is among those who have passed new laws related to criminal records.
Second Chance Act
The Tarheel State passed the Second Chance Act in 2020. The act automates the expungements of certain dismissals and not guilty verdicts while also expanding the eligibility for petition-based record relief. Many provisions took effect on Dec. 1, 2020, while others won’t go into effect until Dec. 1, 2021.
Dismissals and acquittals of charges disposed on or after Dec. 1, 2021, will be automatically expunged in most cases – even if they have a previous conviction. Felony charges that are dismissed by a plea deal are not eligible for automatic expungement but can be petitioned. The act also allows for more than one nonviolent misdemeanor conviction to be expunged after seven years as well as convictions of certain crimes when the defendant was at least 16 but younger than 18 years old.
Other big changes include the waiting period to petition for expungement of a misdemeanor conviction was lowered from 15 to 5 years, and the waiting period for a felony conviction was reduced from 15 to 10 years.
What Can Be Removed from a Criminal Record?
Dismissals and not-guilty verdicts can be removed from your record. There are also some convictions that can be removed. Class H (possessing stolen goods, larceny of property, embezzlement, and others) and Class I felonies (marijuana possession, breaking or entering motor vehicles, and others) are generally eligible. Nonviolent misdemeanors such as writing a worthless check and second-degree trespass are also eligible.
Petitioners must meet certain criteria. They cannot be on parole or probation anywhere, have no arrest warrants, or have any open criminal cases.
What Cannot Be Removed from a Criminal Record?
Violent misdemeanors (assault with a deadly weapon, child abuse, and others), Class A felonies (murder and others), and felonies requiring sex offender registration (sexual battery, human trafficking, incest, and more), are among those that are never eligible for expunction in North Carolina. A 2015 amendment also made DWI convictions an offense that cannot ever be removed from a criminal record.
The Advantage of Expungement
Gone are the days when background checks were completed only on those who needed a security clearance. Whether you are applying for college, interviewing for a job, or wanting to rent an apartment, your criminal record will be reviewed.
For every blemish on that record, your chances of landing that job, apartment, or college entrance are greatly diminished. When an arrest or conviction is expunged, you no longer must legally acknowledge it ever happened. This is beneficial because many types of applications ask about criminal arrests and convictions. Expungement protects your privacy and eliminates the stigma associated with a criminal record.
The Best Offense Is a Good Defense
If you are facing criminal charges, your best offense is to hire an experienced attorney to handle your defense. Our lawyers have decades of experience defending clients against a variety of misdemeanor and felony charges. Not only is your record at stake, but you are also potentially looking at fines and jail or prison time. We will defend you through every step of the judicial process.
For those who have already come out the other side of charges or a trial, let us help you open the doors of opportunity by petitioning to expunge charges and convictions from your record. Remember that dismissals and not guilty verdicts that are resolved before Dec. 1, 2021, will not automatically be expunged. These must be petitioned to be removed.
Required forms vary depending on the age of the petitioner, the type of charge, and the case’s outcome. Our knowledge of expungement procedures and which form is appropriate for your case will streamline the process and prevent procedural delays.
If you are uncertain if a charge or conviction can be removed from your criminal record, contact us to schedule a consultation in person, by telephone, or by video conference.
Call Jetton & Meredith, PLLC at (704) 931-5535 or use our online form to take the first step!