What are the requirements to have a felony removed from my record?

02/01/2007 - Category:Criminal - Expungement of Criminal Records - State: NC #1374

Full Question:

I was convicted of a felony when I was 22 years old. I have been trying to obtain a real estate license and due to my criminal record I am unable to. I am trying to find out if I can have this conviction removed from my record.

Answer:

Expungement is the Process by which a record of criminal conviction and/or arrest are removed by order of the court. In North Carolina, it is applicable under limited circumstances as defined by the statutes.

Who is eligible for Expungement in North Carolina?

1) A first offender who is convicted of a misdemeanor (other than a traffic violation) prior to his 18th birthday.

2) A person charged with a felony, misdemeanor or an infraction under G.S. 18B-302(i) (purchase or possession of a malt beverage or unfortified wine by a 19 or 20-year old) can have the arrest and court records expunged, under certain circumstances, if the charge is dismissed or the person is found not guilty. Age of the defendant is not an issue (except for the infraction under G.S. 18B), either at the time of arrest or disposition of the case.

3) A person named in a charge for an infraction or a crime, either a misdemeanor or a felony, as a result of another person using the identifying information of the named person to commit an infraction or crime and the charge against the named person is dismissed, a finding of not guilty is entered, or the conviction is set aside. A motion to expunge all official records any entries relating to the person's apprehension, charge, or trial must be made to the court and if the court finds that the person’s identity was used without permission, the person was found not guilty or the charges were dismiss, an order to expunge must be granted. G.S § 15A- 147.

4) A person receiving a final order by an appellate court reversing and dismissing a conviction of an offense for which a DNA analysis was done or upon receipt of a pardon of innocence with respect to any such offense, the court shall issue an order of expungement of the DNA record and samples. G.S § 15A-148.

5) A juvenile who is fingerprinted and photographed in connection with a court proceeding. The custodian of records shall destroy all fingerprints and photographs at the earlier of the following:
(1) The juvenile court counselor or prosecutor does not file a petition against the juvenile within one year of fingerprinting and photographing the juvenile
(2) The court does not find probable cause pursuant to G.S. 7B-2202; or
(3) The juvenile is not adjudicated delinquent of any offense that would be a felony or a misdemeanor if committed by an adult. § 7B-2102.


6) Any person who has attained the age of 18 years may file a petition in the court where the person was adjudicated delinquent or undisciplined for expunction of all records of that adjudication provided:
(1) The offense for which the person was adjudicated would have been a crime other than a Class A, B1, B2, C, D, or E felony if committed by an adult.
(2) At least 18 months have elapsed since the person was released from juvenile court jurisdiction, and the person has not subsequently been adjudicated delinquent or convicted as an adult of any felony or misdemeanor other than a traffic violation. The petition must contain,
1. An affidavit by the petitioner that the petitioner has been of good behavior since the adjudication and had no further or has no pending delinquencies or convictions, other than traffic violations.
2. Verified affidavits of two persons not related to the petitioner attesting to his good character and reputation in the community.
3. A statement that the petition is a motion in the case wherein the petitioner was adjudicated undisciplined or delinquent. § 7B-3200.


7) Any person who was alleged to be delinquent as a juvenile and has attained the age of 16 years, or was alleged to be undisciplined as a juvenile and has attained the age of 18 years, may file a petition in the court in which the person was alleged to be delinquent or undisciplined, for expunction of all juvenile records of the juvenile having been alleged to be delinquent or undisciplined if the court dismissed the juvenile petition without an adjudication that the juvenile was delinquent or undisciplined. § 7B-3200.


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02/01/2007 - Category: Expungement of Criminal Records - State: NC #1374

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