What is the law regarding expungement of misdemeanor charges?
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What is the law regarding expungement of misdemeanor charges?
I am 30 years old and cannot get a job because of mistdemeanor possession and paraphernalia marijuana charges from when I was younger. One was under the age of 18 but it still shows on a back ground check. The most recent one I received was .5 gram of marijuana on me at the age of 21 because my car smelled
like it even though it was from cigarettes. I haven’t gotten a single charge or even a ticket since then but I am permanently damaged professionally because of mistakes I made when I was younger. It’s 3 total charges, they either were thrown out, or dismissed. Nothing above 1gram and 1 small paraphernalia. I recently heard NC is allowing your record to be expunged or sealed. Is this possible for me?
Asked on March 1, 2019 under Criminal Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Your state has increased the number or type of offenses you can expunged, and decreased the wait time to have them expunged. You can now have any misdemeanor or level H or I felony (a crime punished by no more than 25 months in prison maximum) expunged after 5 years (misdemanor) or 10 years (level H or I felony), except for ones involving:
* Assault
*Hate crimes
* DWI
* Cocaine, heroin, or meth
* Use of a commercial (not personal) motor vehicle
* Felony reaking and entering
You cannot have any other convictions, other than expungement-eligible ones, apart from non-DWI motor vehicle tickets; if you do have other convictions--not dismissed charges; convictions--apart from ones eligible for expungement, you will be unable to expunge.
If you meet the criteria for expungement, contact a NC lawyer who specializes in or handle expungement: there's a lot of paperwork involved, and you want it done right, since a minor paperwork or procedural error can force you to start over.
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