Expunctions

expunctionsIn North Carolina, an expunction is a process that allows qualifying individuals to have charges taken off their criminal record. Basically, an expunction means that your offense is erased, which can improve your chances of your finding a job, renting a home, or getting into the school of your choice. Expunctions are sometimes referred to as expungements.

There are three main groups of expunctions of adult matters:

Expunctions on the Basis of Age:
     •First offenders under the age of 18 at the time they were convicted of a misdemeanor
     •First offenders Before the age of 21 possession of alcohol.
     •First offenders before the age of 18 for certain gang offenses.
     •First offenders not over 21 years of age of certain drug offenses.
     •First offenders not over 21 years of age for toxic vapor offenses.
     •First offenders who are under 18 of a non violent felony.

Expunction of certain misdemeanors and felonies – no age limitation.
     •For all of these the date of conviction must be 15 years before the petition can be filed before the expunction.
     •Certain defendants convicted of prostitution as a result of human trafficking.
     •An individual having had charges dismissed or found not guilty of identity theft.
     •An individual having had charges dismissed or found not guilty of cyberbullying.
     •Expunctions of dismissals or findings of not guilty of misdemeanors, felonies, and certain infractions.

Certain Drug offenses:
     •Drug related offenses that have been discharged and dismissed.
     •Due to participation in the 90/96 drug program.
     •Convictions and other matters based on the age of the person at the time of the offense, this is certain misdeanor offenses for convictions before the age of 18 or 21.      •Older misdemeanor larceny convictions.
     •Dismissals and related disposition.
     •Certain Drug offenses.

How do you file for an expunction?
A petition must filed to request expunctions. It must be approved by several different agencies. You may need affadavits of good character. For most, you must pay a fee to the court. Expunctions take time, often up to nine months.

If you feel that you may qualify to have your criminal record expunged, give Ms. Huynh a call. Ms. Huynh has the knowledge and experience to guide you through a complicated process to stop your criminal past from affecting your future.

About Deborah Huynh

Deborah Huynh is an Alamance County attorney, with a proven record of effective representation for her clients. She practices criminal law and can also help you with simple divorces, separation agreements, traffic offenses, and expungements. As her client, you’ll find she’s an approachable and trustworthy ally. In the courtroom, she fiercely seeks justice. Contact Ms. Huynh, a genuine advocate who truly cares for her clients.