Recent Changes to NC’s Criminal Procedure Act Yields New Opportunity to Clean Up Criminal Records
Recent changes to North Carolina expunction laws open up new opportunities for people to clear up their criminal record. Effective December 1, 2017, the waiting period to expunge records related to a conviction for a nonviolent crime will be reduced, and there will be no limitation as to the number of dismissed charges or not guilty verdicts that may be expunged.
An expunction is an order from the court to purge electronic and physical files related to a person’s arrest. Expunction of state criminal charges is a statutory right. North Carolina’s criminal procedure statutes define when a person is entitled to an expunction of their criminal records and what one must do to be granted an expunction.
Reduced waiting period to expunge convictions. Effective December 1, 2017, a person may petition the court to expunge criminal records related to a conviction 10 years after the date of conviction for nonviolent felonies and 5 years after the date of conviction for nonviolent misdemeanors. Before the amendment to the expunction law the waiting period was 15 years.
No limitation as to number of dismissals and not guilty verdict. Also effective December 1, 2017, the limitation as to the number of criminal records where charges have been dismissed or the person was found not guilty will be removed. Previously one could only petition the court for such an expunction once.
Contact Triangle Criminal Defense Group to see if your criminal record can be cleaned up. There are additional factors that determine when one is entitled to an expunction of their criminal record or when one is in the discretion of the judge. Contact us today for a free consultation about expunging criminal records.