Having a criminal record can create many challenges in your personal and professional life. Fortunately, North Carolina law offers a powerful remedy for convictions obtained in violation of a person’s constitutional rights. In these cases, the defendant may seek to vacate their conviction, which means setting aside the guilty verdict so it appears as though they were never convicted of that crime. If you believe you’ve been the victim of a faulty conviction, a criminal defense attorney can determine if you qualify for a second chance at a clean slate. In the meantime, here are a few key points to know about vacating a conviction.

A Guide to Overturning Prior Convictions in North Carolina 

What Are the Grounds for Vacating a Conviction? 

Generally, a conviction can only be vacated due to a defect or mistake in the original case. Some of the most common grounds for overturning a guilty verdict include: 

• The attorney was ineffective in providing a criminal defense
• The defendant didn’t fully understand the ramifications of a guilty plea
• The evidence didn’t support the jury’s finding
• The court failed to apply the law correctly 
• A new law has been developed that retroactively impacts the conviction 
• New evidence has become available 

Who Is Eligible to File? 

Not every conviction can be vacated. Certain requirements must be met, and ultimately, it’s up to the judge to decide on a case-by-case basis whether or not to grant a petition. Under North Carolina law, convictions can typically be eliminated from a criminal record if you meet the following criteria: 

• You don’t have any pending criminal charges against you
• You haven’t received any new convictions  
• You have waited the required five years after completing your sentence for a non-violent misdemeanor conviction
• You have waited the required 10 years after completing your sentence for a non-violent felony conviction

DWI and violent felony convictions can never be vacated. 

What Is the Process? 

To begin the process of vacating a conviction, you must file a Motion for Appropriate Relief. This allows a judge to review the evidence originally presented at trial and consider newly acquired evidence before determining if a conviction should stand. The petition has to be filed in the court where you were convicted and you must give proper notice to the District Attorney. If the judge decides to hold an evidentiary hearing, your criminal defense attorney will need to prove why your conviction should be overturned.

If your conviction violated the fundamental policies of fairness and justice, you don’t have to live with it on your record. Turn to Randy L. Cranford Attorney at Law for help clearing your name and restoring your reputation. He has more than 40 years of experience providing Davidson County, NC, residents with effective representation in criminal defense cases and will fight aggressively for the vindication of your rights. With his guidance, you can confidently navigate your way through the process of pursuing a vacated conviction. Call (336) 476-3115 to discuss your legal options, or visit his website for more information on his areas of specialty.