Wilmington NC Lawyer Expungement Attorney
Generally, if you are charged with a crime and it is dismissed or a not guilty verdict is returned, the fact that you were charged will remain on your record even though it is not a conviction, unless expunged.
Expungement is a process by which criminal charges can be removed from ones official criminal record. Generally, a person can only receive one expungement in their lifetime in North Carolina, with a few exceptions. If a person is convicted of a crime after they are 18 years of age or older, the conviction cannot be expunged. However, in some cases, it may be possible to reopen a case and have the charge dismissed, and thereafter have it expunged.
In North Carolina, a person can have a criminal charge expunged (or set of related charges, or unrelated charges which all occurred within a 12 month period or which were all disposed in the same term of court) for which they were acquitted (that is when the charges were dismissed or the defendant found not guilty).
Persons under the age of 18 who are convicted of misdemeanors may receive an expungement in some circumstances. If someone is charged with a crime based on another person using their identity (i.e. identity theft), and the charge is dismissed, those charges can be expunged, and there appears to be no limit on the number of charges which can be expunged under this provision. Charges for which one has received a pardon of innocence may be expunged, and there appears to be no limit on the number of charges which can be expunged under this provision. In addition, there are statutes which provide for expungement of some drug charges which are dismissed pursuant to statutory deferred prosecution provisions.
An important factor to consider about an expungement is that private institutions may collect records between the time the criminal charge is issues and the time it is expunged. Therefore, if you chose to have a charge expunged, you should do so as soon as possible to reduce the likelihood that a private company collects the information which they may keep forever. Also, even if a charge is expunged, it would be dishonest to deny the fact that one was charged, although generally, expungement statutes prohibit prosecution for perjury for failing to acknowledge the charges which were expunged.
Please feel free to schedule a consultation with us if you would like more information about the possibility of getting an expungement.
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WHAT IS AN EXPUNGEMENT? Generally, if you are charged with a crime and it is dismissed or a not guilty verdict is returned, the fact that you were charged will remain on your record even though it is not a conviction, unless expunged. Expungement is a process by which criminal charges can be removed from ones official criminal record. Generally, a person can only receive one expungement in their lifetime in North Carolina, with a few exceptions. If a person is convicted of a crime after they are 18 years of age or older, the conviction cannot be expunged. However, in some cases, it may be possible to reopen a case and have the charge dismissed, and thereafter have it expunged. In North Carolina, a person can have a criminal charge expunged (or set of related charges, or unrelated charges which all occurred within a 12 month period or which were all disposed in the same term of court) for which they were acquitted (that is when the charges were dismissed or the defendant found not guilty). Persons under the age of 18 who are convicted of misdemeanors may receive an expungement in some circumstances. If someone is charged with a crime based on another person using their identity (i.e. identity theft), and the charge is dismissed, those charges can be expunged, and there appears to be no limit on the number of charges which can be expunged under this provision. Charges for which one has received a pardon of innocence may be expunged, and there appears to be no limit on the number of charges which can be expunged under this provision. In addition, there are statutes which provide for expungement of some drug charges which are dismissed pursuant to statutory deferred prosecution provisions. An important factor to consider about an expungement is that private institutions may collect records between the time the criminal charge is issues and the time it is expunged. Therefore, if you chose to have a charge expunged, you should do so as soon as possible to reduce the likelihood that a private company collects the information which they may keep forever. Also, even if a charge is expunged, it would be dishonest to deny the fact that one was charged, although generally, expungement statutes prohibit prosecution for perjury for failing to acknowledge the charges which were expunged. Please feel free to schedule a consultation with us if you would like more information about the possibility of getting an expungement. Copyright 2010
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Wilmington NC Lawyer - Attorney David Collins - Licensed in North and South Carolina since 1993
Attorney David Collins provides legal representation in the following areas and more:
New Hanover County | Brunswick County | Pender County
Bolivia | Burgaw
| Carolina Beach | Caswell Beach | Hampstead | Holden Beach | Kure Beach | Leland | Oak Island
Ocean Isle Beach | Shallotte | Southport |
Supply | Surf City | Sunset Beach | Topsail Island | Wilmington | Wilmington Beach | Wrightsville Beach
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