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North Carolina Record Expungement

North Carolina limits most of the expungements granted to people who had their charges dismissed were found not guilty in the case. This is located in chapter 15A of North Carolina law. You can also qualify for expungement if you were a victim of identity theft where the criminal had used your name; if you are 18 years of age or older wanting to expunge your minor juvenile records; if you were a first-time offender under 22 years old, and you were charged with a minor drug offense such as possession of marijuana. Also, no previous felonies can exist on your record, except charges that you have in a 12 month period, which the state counts as one charge.

What you have to do is prepare an expunction form AOC-CR-237 form; check with your court records and be certain to check the box signifying the statute that applies in your case, and fill it out completely.

After that you should go to the office of county clerk in the county where you were charged. Ask for the clerk to have a judge sign right bottom corner of AOC-CR-237 located on first page. Moreover, you should ask the clerk to forward the AOC-CR-237 document to the SBI, which is part of the Expungement Unit. Make certain to keep a copy of the records for yourself.

Once they get your information North Carolina SBI will check your record, then they will send your petition to the administrative officer of the court. The judge in the county that is concerned with your case will look over the information by the SBI and the administrative officer prior to either allowing or dismissing your expungement.

If your petition for expungement is allowed, the Clerk of Court will erase the criminal record from files, certifies the order, and then will send it to the police force that arrested you. That agency will also erase the files and will attach a final disposition report. After that, the report will go to the SBI, which will apply it to the state and federal files.

If you are uncertain of the law your expungement falls under, inquire with the clerk of court to permit you to glance through the North Carolina Law & Procedure Book; the pertinent laws are listed on the order so you can decide which one that applies.

Sometimes the courts may not grant you an expungement.. Apply as an alternative for a pardon through the governor. A successful pardon will restore all of your civil liberties and right back to you, even though the record of conviction will still be there.

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