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North Carolina Expungement Lawyer

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Expungement Attorney in North Carolina, NC

Even after serving a criminal sentence, your criminal record can continue to affect your life. An expansion may be an option to clear certain offenses from your record, giving you a fresh start. Working with a North Carolina expungement lawyer can help you assess whether you are eligible and create a strong case for expungement of your criminal arrest, offense, or conviction.

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Experienced Representation in North Carolina at Christina Rivenbark & Associates

Not every criminal case or record can be expunged, but some can. It is easier to navigate the legal requirements of expungement with an experienced and reliable attorney at Christina Rivenbark & Associates.

Our firm has supported the rights of those accused of criminal offenses for more than 35 years. We offer transparent legal advice to determine if you can clear charges from your criminal record. You can discuss your questions and concerns and make informed choices about what to do next. Our team can assess your qualifications and walk you through each step of the expungement process.

What Is Expunction?

Expunction lets you remove a conviction or offense from your criminal record. A successful expunction also removes or seals the state record of the offense.  This can provide some relief from the consequences of having a criminal record, including allowing you to deny the arrest, charge, or conviction.

In the state, there were 39,814 violent offenses and 210,032 property offenses reported in 2024, and a total of 231,416 arrests were made the same year. Arrests, offenses and convictions can have severe consequences on a person’s life.

Outside of the direct consequences like fines, community service, or imprisonment, a criminal record can limit employment, educational, and other opportunities. Clearing an offense from a criminal record through an expungement can minimize or stop these collateral consequences. State courts in North Carolina issued 78,473 expunctions in the fiscal year from 2022 to 2023.

Qualifying for an Expunction

You have to meet several requirements to qualify for an expunction.

First, a certain amount of time must have passed since you were convicted of the offense or any active part of your sentence was still being served, whichever happens later.

You could expunge a nonviolent misdemeanor offense if three years have passed, and you can expunge more than one misdemeanor offense if seven years have passed. Nonviolent felonies require 10, 15, or 20 years to have passed, depending on the number of felony offenses being addressed in the expectation.

There are other qualifications, including:

  • You have no other misdemeanor or felony convictions on your criminal record besides traffic violations.
  • Statements by people who are not related to you who can attest to your good moral character.
  • There are no outstanding restitution orders against you.

Other requirements and statements are required in the expunction petition. Expunction under this statute is only allowed one time. There may be other options for expungement of an offense depending on its circumstances, such as juvenile offenses or offenses that did not result in a conviction.

Understanding the Process of Filing for an Expunction

The process of filing for an expunction in North Carolina will depend on the type of expunction. The petition you file will tell you what information you need to include, and your attorney can also assess the information you need under state and local requirements.

You then file the request for an expunction with the Clerk of Court in the county where you were charged, such as the District 6 Clerk of Superior Court for New Hanover County. There may be a filing fee for the petition, although there are options to waive the fee if you can’t afford it.

After filing the petition, you may need to attend a hearing before the judge makes a final decision. If a hearing is required, the process can take longer. The judge will approve the petition or deny it. Denial requires specific reasoning under the law, such as a lack of good moral character or an outstanding warrant for arrest.

If your request is denied, you may be able to appeal the decision. This must be done quickly after the denial.

What Offenses Cannot Be Expunged in North Carolina?

Not all criminal offenses can be expunged. In North Carolina, you could expunge a nonviolent misdemeanor or nonviolent felony. You cannot expunge any of the following:

  1. A felony that is Class A through G
  2. A Class A1 misdemeanor
  3. Any offense involving assault
  4. Any offense that requires registration as a sex offender
  5. Specific stalking and sex-related offenses
  6. Certain drug felonies involving methamphetamines, cocaine, or heroin
  7. Offenses involving racially motivated hate crimes, like certain intimidation offenses
  8. Offenses involving contamination of someone’s food or drink to cause physical or mental helplessness
  9. A breaking offense committed to intimidate or cause harm to a person
  10. Any offense that involved a commercial motor vehicle
  11. An impaired driving offense

When you work with a skilled attorney, they can assess your criminal record to determine the charges that an expungement can or cannot clear.

Why Is It Important to Hire an Expungement Lawyer in North Carolina?

While not required, it is beneficial to hire an expungement lawyer in North Carolina if you want to file for expungement. The process can be complex, and you are more likely to succeed with an attorney.

Your North Carolina expungement attorney can assess your criminal record and determine whether or not you qualify for expungement. If you do, they can help you gather the right information to file for expungement, including securing affidavits.

There are a lot of procedural requirements in this process, so it helps to have legal representation. If a hearing is required, an attorney can help you prepare. An attorney can address any issues that come up and advocate for your rights in court. If your petition is denied, an attorney can assess your options for an appeal.

Work With a Diligent North Carolina Expungement Attorney

An expungement can make a big difference in your future. It can open up job opportunities, make it easier for you to secure certain types of housing, and allow educational opportunities. Petitioning for an expungement in North Carolina is much simpler with experienced and dedicated legal representation.

Christina Rivenbark & Associates can give you the legal guidance you need, from gathering information for the petition to attending a hearing. Reach out to our firm today.

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Our Locations Leland And Wilmington

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4009 Oleander Drive Wilmington, NC 28403

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403 Village Road, Leland, NC 28451

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