If you’re like many people all over the state, you’re wondering if you can get a dismissed charge expunged in North Carolina.
The answer is yes – but it may not be as simple as you think.
Can You Get a Dismissed Charge Expunged in North Carolina?
You can get a dismissed charge expunged in North Carolina, but you need to know that unless you go out of your way to have it cleared from your record, it’ll stay there.
Unfortunately, many people assume that it disappears after a certain amount of time – and that’s not the case at all. You must petition to have your record cleared. If you don’t, future employers, schools, landlords and others will still be able to see what’s on there.
How Can You Get a Dismissed Charge Expunged?
In order to get a dismissed charge expunged, you have to petition the court. For most people, it makes more sense to start the process by calling an attorney who’s experienced in North Carolina expunction. Your attorney will help you determine whether you qualify for an expungement. Typically, dismissed cases are eligible.
According to the UNC School of Government, “A person may obtain an unlimited number of expunctions of dismissals under G.S. 15A-146, regardless whether the person previously received an expunction of any kind and regardless whether the dismissal occurred before or after December 1, 2017. (But, an expunction under G.S. 15A-146 still bars an expunction under certain other statutes, discussed below.) As revised, G.S. 15A-146(a) provides for expunction of a dismissal; amended G.S. 15A-146(a1) provides for expunction of multiple dismissals, regardless whether they occurred within the same 12-month period or at the same term of court; and new G.S. 15A-146(a2) provides for expunction of a finding of not guilty or not responsible.”
While there used to be a limit on the number of dismissals you could have expunged, the new expungement law in NC changed that – there’s no longer any limit.
What Happens if Your Record is Expunged?
If your record is expunged, you don’t have to worry about prospective employers uncovering your history in a criminal background check. Landlords, school administrators, creditors… none of these people will be able to access your record, which means they won’t ask you questions about your criminal history unless you tell them you have one. (The catch: law enforcement and government officials will still be able to see your files.)
Do You Need to Talk to a NC Expunction Lawyer?
We’ll be happy to give you a free expunction case review and determine whether the items in your criminal history are eligible for criminal record clearing.
Call us right now at 704-470-2440 to let us know about your situation. We’ll figure out whether you have dismissed charges you can expunge (or other charges or convictions) and help you start moving forward in the right direction.