Wiping the Slate Clean – How to Expunge a Felony from Your Record

If you’ve been convicted of a felony charge, the effects can last much longer than your prison sentence, the length of time it takes to resolve your case, or even the length of time you spend on probation.

Felonies can prevent you from:

• Getting certain kinds of jobs
• Being eligible to vote or serve on a jury
• Eligibility of various licenses and permits

That’s not an exhaustive list of the consequences of a felony on your record, as people with felony records are well aware.

With that said, many people feel it’s important to get these black marks off of their records later in life for a second chance by clearing a criminal record of a felony.

So, how do you go about expunging a felony criminal offense in North Carolina?

Here are some of the steps that apply to this process.

The Waiting Game: How Long Do I Have to Wait?

One of the first things to recognize is that in the state of North Carolina, you have to wait ten years before trying for a felony expunction.

(Expunction is the noun form of the verb ‘expunge,’ and these two terms can be used interchangeably in their own language cases.)

Not all states have the same waiting periods required for expunging a felony or other crime.

In North Carolina, the guidelines for waiting were relaxed to allow for more people to clear their names more quickly. Now, the waiting period for a felony is ten years, and the length of time you must wait to expunge a misdemeanor is five years.

For a felony expungement process, that ten-year period starts from the date of conviction or the date of completion of an active sentence, probation, or a post-release supervision period, whichever is later.

It’s important to know that you can’t start the process until your waiting period has been met. In addition, according to your case, some important criteria may apply.

For instance, to expunge a single non-violent felony conviction in North Carolina, the person who is filing may not have a misdemeanor conviction (unless it is a traffic offense) during the last five years before filing the petition.

What Do I Do? Research Existing Requirements and Processes to Expunge a Felony

Another good first step is to go over some of the basics of who’s eligible for expungement and read up on the ways that people can expunge a felony within the state.

In North Carolina, for example, there are different concessions for people who were under 21 at the time that they committed a felony. If you can show that you were under 21, expunction can be easier. You can see this on felony expunction petition forms, and your professional attorney will go over this type of legal concession as well. In general, your criminal defense lawyer will seek to discover any mitigating factors that can be used to your advantage in getting felony expunged.

It’s also generally easier to get expunctions for cases that were dismissed or where a defendant was found not guilty.

Sometimes, you can also pursue multiple expunctions at the same time, given some criteria for offenses.

Your professional criminal defense lawyer can go over all of this with you.

Get a Clean Slate for a Criminal Conviction: File for Expunction and Clear Your Criminal Record

To expunge a felony, you have to fill out a PETITION AND ORDER OF EXPUNCTION UNDER G.S. 15A-145.5 and send it to the courts.

There is a formal legal process that involves the initial filing and other legal work. The court will communicate after getting that petition and evaluating it for correctness and eligibility.

The form itself is fairly straightforward; however, consulting with an experienced attorney may help you speed up the process and catch mistakes before they happen.

Expunge Criminal Histories and Conviction Records: Work with the Courts

Sometimes, the courts are going to want certain kinds of information disclosed in order to expunge a felony.

Sometimes, they want to see more information about the history of the offense or case.

Being able to give the court the right information and file in the right manner is important.

If you have faced a felony conviction or charge in the past, and you’re trying to expunge the case afterward, come to McMinn, Logan & Gray, PLLC, where we care about our client’s welfare and future. Our attorneys understand the ramifications of a felony charge and how to work with local and state courts. We also have the dedication to provide you with legal assistance that meets your needs.

When someone is facing ongoing criminal prosecution and its aftereffects, they want to know they have an experienced law firm on their side. Get help from qualified professionals who understand the process of how to expunge a felony in North Carolina and who will be with you every step of the way to a clear record or other equitable outcome.