Prior Conviction Expungements

Expungements of certain non-violent felonies and misdemeanors are allowed under specific circumstances. This statutory authority is found in N.C.G.S. 15A-145.5, allowing expungements of certain non-violent felonies and misdemeanors, with “non-violent” defined the by N.C.G.S. 15A-145.4. Class A-G felonies are not eligible, nor are most felonious assaults, sex offenses, or drug charges involving methamphetamines, heroin or possession with intent to sell cocaine. Even offenses involving commercial vehicles are excluded. If eligible, the two remaining crucial requirements include no other misdemeanor or felony convictions (other than traffic offenses), and that at last 15 years has passed since the end of the sentence period or conviction date, whichever is later.

The expungement petition must contain an affidavit from the applicant regarding their good moral behavior and lack of other convictions (except for traffic matters), verified affidavits from two non-related individuals professing the petitioner’s good character and reputation in the community, a statement that the petition is a motion in the cause in the case where the petitioner was convicted, and the applicable AOC form.

In each of these cases, the District Attorney’s Office must be served. They have 30 days to object, and with good cause may be granted another 30 days. They are required to make an attempt to notify any of the original victims in the applicable cases. The court may seek further information from other individuals as it deems necessary, including probation officers. The petitioner must not have had a previous expungement under this section, or N.C.G.S. 15A-145, 145.1, 145.2, 145.3, or 145.4.

This is a potentially powerful expungement procedure. The ability to erase a past mistake may be the difference between a lifetime of missed opportunities and a future of endless success. Our hope is that the North Carolina legislature will continue to expand this statute in order to help our clients reclaim their reputation. The lawyers at Garrett, Walker, Aycoth and Olson would be proud to assist you; please call us today to discuss your eligibility. We are here to help!

CRIMINAL LAW POSTS