Winston-Salem Expungement Lawyers

Not all crimes are eligible for expungement, so you will want to be sure that you qualify before you expend any effort in seeking an expunction. Know that North Carolina has several laws relating to expunging criminal offenses.

Types of Cases Our Winston-Salem Expungement Lawyer Handles

North Carolina General Statutes dealing with expungement include:

• Expungement of records of juveniles alleged or adjudicated delinquent and undisciplined, North Carolina General Statute § 7B-3200 – This law states that any person who is now 18 years of age can file a petition in the court where they were adjudicated undisciplined for expunction of all records of that adjudication. The individual can file a petition in the court where they were adjudicated delinquent for expunction of all records of that adjudication provided that the crime for which the applicant was adjudicated was a crime other than a Class A, B1, B2, C, D, or E felony had it been committed by an adult, the individual has been released from juvenile court jurisdiction, and at least 18 months passed since the individual was released from juvenile court jurisdiction, and the individual has not been subsequently adjudicated delinquent or convicted as an adult of any misdemeanor or felony other than traffic violations under the laws of the United States or the laws of North Carolina or any other state.
• Expungement of records for first offenders under the age of 18 at the time of conviction of a misdemeanor, North Carolina General Statute § 15A-145 – An individual without a previous conviction for a misdemeanor or felony besides a traffic violation and who either pleads guilty to or is found guilty of a misdemeanor other than a traffic violation when the offense was committed before the person turned 18 years old, or pleads guilty to or is guilty of a misdemeanor possession of alcohol, and the offense was committed before the person attained 21 years of age can file a petition in the court for the county where they were convicted for expunction of the misdemeanor from their criminal record. A petition cannot be filed earlier than two years after the date of the conviction or the completion of probation, whichever occurs later.
• Expungement of records for first offenders under the age of 18 at the time of conviction of certain gang offenses, North Carolina General Statute § 15A-145.1 – An individual with no previous conviction for any misdemeanor or felony other than a traffic violation and pleads guilty to or is found guilty of a Class H felony under Article 13A of Chapter 14 of the North Carolina General Statutes or an enhanced offense under North Carolina General Statute § 14-50.22, or was discharged and had proceedings against them dismissed pursuant to North Carolina General Statute § 14-50.29, and an offense was committed before the person reached 18 years of age, the person is allowed to file a petition for expunction of the offense from their criminal record. Except as provided in North Carolina General Statute § 14-50.29 upon discharge and dismissal, a petition will not be able to be filed earlier than two years after the date of the conviction or the completion of any probation, whichever occurs later.
• Expungement of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses, North Carolina General Statute § 15A-145.2 – Whenever an individual is discharged, and proceedings against them are dismissed pursuant to North Carolina General Statute § 90-96(a) or (a1), and they were not more than 21 years of age at the time of the offense, the person can apply for an order to expunge from all official records, other than the confidential files retained under North Carolina General Statute § 15A-151.
• Expungement of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapors offenses, North Carolina General Statute § 15A-145.3 – Whenever an individual is discharged, and proceedings against them are dismissed under North Carolina General Statute § 90-113.14(a) or (a1), they, if they were not more than 21 years of age at the time of the offense, can apply for an order to expunge from all official records, other than the confidential files retained under North Carolina General Statute § 15A-151.
• Expungement of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony, North Carolina General Statute § 15A-145.4 – For purposes of this statute, the phrase nonviolent felony is defined as any felony except for a Class A through G felony; a felony that includes assault as an essential element of the offense; a felony that is an offense that requires registration in accordance with Article 27A of Chapter 14 of the General Statutes, regardless of whether or not the person is currently required to register; any felony offense under the following sex-related or stalking offenses: North Carolina General Statute § 14-27.25(b), North Carolina General Statute § 14-27.30(b), North Carolina General Statute § 14-190.7, North Carolina General Statute § 14-190.8, North Carolina General Statute § 14-202, North Carolina General Statute § 14-208.11A, North Carolina General Statute § 14-208.18, North Carolina General Statute § 14-277.3, North Carolina General Statute § 14-277.3A, North Carolina General Statute § 14-321.1; any felony offense in Chapter 90 of the General Statutes where the crime involves heroin, methamphetamines, or possession with intent to sell or deliver or sell and deliver cocaine; except that when a prayer for judgment continued was entered for an crime classified as either a Class G, H, or I felony, the prayer for judgment continued will be subject to expunction under the procedures in this section; a felony offense under North Carolina General Statute § 14-12.12(b), North Carolina General Statute § 14-12.13, or North Carolina General Statute § 14-12.14, or any felony offense for which punishment was determined pursuant to North Carolina General Statute § 14-3(c); a felony offense under North Carolina General Statute § 14-401.16; any felony involving the use of a commercial motor in the commission of an offense; any felony involving impaired driving. Whenever an individual who had not yet attained 18 years of age at the time of the commission of an offense and was not previously convicted of a misdemeanor or felony other than a traffic violation pleads guilty to or is guilty of a nonviolent felony, the person can file a for expunction of the nonviolent felony from their criminal record. A petition cannot be filed earlier than four years after the date of a conviction or when any period of probation, active sentence, and post-release supervision has been served, whichever occurs later. The person must also perform at least 100 hours of community service before filing a petition for expunction under this section.
• Expungement of certain misdemeanors and felonies; no age limitation, North Carolina General Statute § 15A-145.5 – A person is allowed to file a petition for expungement of one or more nonviolent misdemeanor convictions, but the petition cannot be filed earlier than one of the following: When it comes to the expungement of a single nonviolent misdemeanor, five years after the date of a conviction or whenever any period of probation, active sentence, or post-release supervision is finally served, whichever occurs later; When it relates to expungement of more than one nonviolent misdemeanor, seven years after the date of the last conviction, other than a traffic offense that is not listed within a petition for expungement, or seven years after any active sentence, period of probation, or post-release supervision has been served, whichever occurs later. For expungement of as many as three nonviolent felony convictions, a petition cannot be filed earlier than one of the following: When it relates to expunction of a single nonviolent felony, it will be ten years after the date of the conviction or ten years after any period of probation, active sentence, or post-release supervision, related to a conviction listed in a petition, has been served, whichever occurs later; For expunction of two to three nonviolent felonies, it will be 20 years after the date of the person’s most recent conviction listed on the petition, or 20 years after any period of probation, active sentence, or post-release supervision that is related to a conviction listed in the petition, has been served, whichever occurs later.
• Expungements for certain defendants convicted of prostitution, North Carolina General Statute § 15A-145.6 – A person convicted of a prostitution offense can file a petition for expunction of a prostitution offense from their criminal record provided that all the following criteria are met: The individual was not previously convicted of a violent misdemeanor or violent felony; The person satisfies any one of the following criteria: They have no prior convictions for any prostitution crime and a minimum of three years have passed since the date they were convicted or the completion of any period of probation, active sentence, and post-release supervision, whichever occurs later; The person was discharged, and the charge was dismissed upon completion of a conditional discharge under North Carolina General Statute § 14-204(b).
• Expungement of records for first offenders under 20 years of age at the time of the offense of certain offenses, North Carolina General Statute § 15A-145.7 – When an individual is discharged, and proceedings against them are dismissed, and the individual was less than 20 years of age at the time of an offense, the person can apply for an order to expunge from all official records, other than confidential files, all recordation relating to their arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section.
  Expungement of records when charges are remanded to the district court for juvenile adjudication, North Carolina General Statute § 15A-145.8 – Upon remand pursuant to North Carolina General Statute § 7B-2200.5(d), a court can order expungement of all remanded charges.
• Expungement of records when charges are remanded to the district court for juvenile adjudication, North Carolina General Statute § 15A-145.8A – A person, the district attorney, or an attorney at the request of an individual eligible for expungement, can file, in the court of the county where the person was convicted, a petition for expungement from their criminal record of any misdemeanor or Class H or I felony that is not excluded by subsection (b) of this law provided the offense was committed before December 1, 2019, and while the individual was under 18 years of age, but at least 16 years of age. A petition cannot be filed until any period of probation, active sentence, and post-release supervision ordered for an offense has been served, and the individual has no restitution orders for the offense at issue or outstanding civil judgments that represent amounts ordered for restitution for the offense. A crime will not be eligible for expungement when it is a violation of state motor vehicle laws, including any crime involving impaired driving or an offense that requires registration in accordance with Article 27A of Chapter 14 of the General Statutes, regardless of whether the person is still currently required to register.
• Expungements of certain offenses committed by human trafficking victims, North Carolina General Statute § 15A-145.9 – A person convicted of a nonviolent offense can file a petition for expungement of a nonviolent offense from their criminal record if the court finds that the individual was deceived or coerced into committing the offense as a direct result of having been a trafficking victim.
• Expungement of records when charges are dismissed, or there are findings of not guilty, North Carolina General Statute § 15A-146 – When any person is charged with a criminal offense, either a misdemeanor or a felony, or has been charged with an infraction prior to December 1, 1999, and the charge ends up being dismissed, that individual or the district attorney can petition the court for an order to expunge from every official record any entries relating to their apprehension or trial. When a person has been charged with multiple offenses and any charges are dismissed, then they or the district attorney can petition to have each of the dismissed charges expunged.
• Expungement of records when charges are dismissed, or there are findings of not guilty as a result of identity theft or mistaken identity, North Carolina General Statute § 15A-147 – When an individual has been named in a charge for either an infraction or a crime, whether it is a misdemeanor or a felony, because of another person using the mistaken identity or identifying information of the named person and a finding of not guilty ends up being entered, or a conviction is set aside, the named individual is allowed to petition the court in which the charge was last pending on a certain form that is approved by the Administrative Office of the Courts and supplied by a clerk of court for an order to expunge any entries relating to the person’s apprehension, charge, or trial from all official records.
• Expungement of DNA records when charges are dismissed on appeal or pardon of innocence is granted, North Carolina General Statute § 15A-148 – Upon a motion following the issuance of a final order by an appellate court that reverses and dismisses a conviction for an offense in which a DNA analysis was completed, or upon receipt of a pardon of innocence with respect to such an offense, the court will issue an order of expungement of the DNA record and samples.
• Expungement of records when charges are remanded to the district court for juvenile adjudication, North Carolina General Statute § 15A-145.8A – A person, the district attorney, or an attorney at the request of an individual eligible for expungement, can file, in the court of the county where the person was convicted, a petition for expungement from their criminal record of any misdemeanor or Class H or I felony that is not excluded by subsection (b) of this law provided the offense was committed before December 1, 2019, and while the individual was under 18 years of age, but at least 16 years of age. A petition cannot be filed until any period of probation, active sentence, and post-release supervision ordered for an offense has been served, and the individual has no restitution orders for the offense at issue or outstanding civil judgments that represent amounts ordered for restitution for the offense. A crime will not be eligible for expungement when it is a violation of state motor vehicle laws, including any crime involving impaired driving or an offense that requires registration, regardless of whether the person is still currently required to register.
• Expungement of records when pardon of innocence is granted, North Carolina General Statute § 15A-149 – When an individual has been convicted of a criminal offense and ultimately receives a pardon of innocence, they can petition the court in which they were convicted on a form that is approved by the Administrative Office of the Courts and is supplied by the clerk of court for an order to expunge any entries relating to the person’s apprehension, charge, or trial from all official records.