Get The Fresh Start You Deserve With Expungements

The shadow of a criminal record can loom large over your life, affecting everything from job opportunities to housing and beyond. The process of expunging, or clearing, these records can provide a fresh start, freeing you from past mistakes and opening doors that were once closed. At Aberle & Connolly, PLLC, in Greensboro, North Carolina, we understand how crucial this process can be for moving forward and rebuilding your life.

At Aberle & Connolly, PLLC, we pride ourselves on our compassionate, client-forward approach. We are well-respected in the legal community for our comprehensive and holistic methods in handling criminal defense cases, including expunctions. Our attorneys delve deep into each case, considering all direct and collateral consequences and ensuring that every detail is meticulously addressed. This thoroughness ensures that we craft personalized legal strategies that aim for the best possible outcomes.

Our firm stands out because of our commitment to making sure you are not just another case file. We review every piece of evidence and discuss all possible options, keeping you informed and involved at every step. This approach empowers you to make informed decisions and actively participate in your own legal journey.

Understanding Expunctions And Eligibility

An expunction, which is the same thing as an expungement, is the process of clearing a criminal conviction or charge from a person’s record. This process will also result in the destruction of the state’s record of the arrest.

In North Carolina, eligibility for expunction depends on various factors, including the type of conviction or charge, the age at the time of the offense, and the amount of time that has passed since the charge or conviction.

Eligibility requirements include:

• Nonviolent misdemeanors and felonies may be eligible for expunction under certain conditions.
• Charges that were dismissed or resulted in a not guilty verdict are typically eligible for expunction.
• There are specific waiting periods required for different types of convictions before applying for expunction.

Due to constantly evolving expunction law, the statutes have become somewhat complex and it is important to have an experienced criminal defense attorney guide you through every available avenue to clear your record, particularly because some expunctions you are only allowed to get once.

Expunctions Of Dismissed Cases

Recently, the North Carolina General Assembly passed a bill making it easier to get multiple expunctions of cases that were either voluntarily dismissed or dismissed as a part of a deferred prosecution agreement. Sometimes even having a dismissed charge on your record can cause uncomfortable conversations with potential employers or school admissions counselors.

Expunctions Based On Identify Theft

One type of expunction that has no limit on the amount you can obtain is if the charges or conviction on your record was based on an incident of stolen identity. A common scenario where this occurs is when someone has an encounter with the police and gives a false name that matches yours. Sometimes, in the worst-case scenarios, that person may fail to appear in court and then you are the one who gets arrested. North Carolina General Statute 15A-147(a)(1) covers the procedure for these types of expunctions. The filing form is AOC-CR-283 and is available here.

Expunctions Of Prior Convictions

Several North Carolina General Statutes, beginning at N.C.G.S. 15A-145, even cover certain types of expunctions for prior convictions. In these circumstances, you may be eligible for a limited number of expunctions after a certain time period has elapsed. This length of time will vary depending on whether the prior conviction was a misdemeanor or a felony and whether the prior conviction is considered “violent.”

Expunctions Based On Youth Or Age

In some cases, the time period required for expunctions of prior convictions can be even shorter if the offense was committed prior to the client reaching the age of 18 in some circumstances and age 22 in others. These cases are becoming fewer and fewer as North Carolina has recently raised the juvenile age from 15 to 17. If you aren’t sure if you qualify for this type of expunction, give us a call so we can help.

Take The First Step Toward A Clearer Future

If you believe you or a loved one might be eligible for expunction, don’t hesitate to reach out for professional legal help. Contact Aberle & Connolly, PLLC, today at 336-900-5452 or fill out our online contact form. We offer free consultations to discuss your case and explore the possibilities of giving you a clean slate.