Dismissal Expungements

When most people think of an expungement, they are contemplating eligibility under N.C.G.S. 15A-146, the expungement of records when charges are dismissed or there are findings of not guilty. This is the most common expungement available to criminal practitioners. Eligibility assumes no prior expungement under this statue, or under N.C.G.S. 15A-145, 145.1, 145.2, 145.3, 145.4, 145.5, or 145.6. Furthermore, a prior felony conviction prohibits the ability to expunge records under this statutory authority.

The good news is that you can expunge more than one charge. Multiple offenses occurring within a 12 month time period, or multiple applicable dispositions (case resolutions) during the same term of court (the same week for Superior Court, the same day for District Court), are all eligible. You may even file an application for the expungement of a DNA record may under this statute.

Identity theft expungements are covered under N.C.G.S. 15A-147. When charges are dismissed or there are findings of not guilty as a result of identity theft, or a conviction is set aside for the same reasoning, a petition or motion may be filed in the court where the charge was last pending. After notice to the district attorney, a hearing is made, and upon findings that the person’s identity was unlawfully appropriated by another, the court shall order the expungement. Furthermore, the DMV must expunge and reverse any administrative actions taken against the individual, including revocations and driver’s license points. Insurance companies must do the same, and refund any additional premiums the individual was subjected to as a result of the expunged offense.

If you have received a pardon of innocence, then N.C.G.S. 15A-149 applies. After the clerk of court verifies that the pardon of innocence, and the expungement is filed for a court hearing, then the court may order the expungement.

Contact the trial attorneys at Garrett, Walker, Aycoth and Olson for more information. There is no greater protection for your future than your eligibility for an expungement. We are here to help!

CRIMINAL LAW POSTS