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If you or someone you care for ends up having a criminal record, it becomes more challenging to have access to resources that support your career or academic aspirations. Expungements allow people to put their past behind them to enjoy the same opportunities granted to individuals with no criminal convictions or charges. Here are some commonly asked questions when it comes to cleaning up your record.

4 FAQ About Expungements

1. What is an expungement?

An expungement is a process ordered by the court that erases a person’s criminal conviction or charge from the record. The laws related to the process vary by state, as well as the qualifications that the individual must meet. The court does not automatically grant expungements, so you must file one to acquire it.

2. Who is qualified for an expungement?Expungements

The eligibility for expungements will depend on the laws of the state where the arrest or conviction took place. In North Carolina, for example, a resident who has perpetrated either a level H or I felony or a misdemeanor is qualified to file an expungement petition. Additionally, residents who haven’t been convicted of a felony had their charges dismissed, and have earned a “not guilty” verdict can apply for expungement. Those who have committed a misdemeanor or felony that isn’t considered “nonviolent” are generally not eligible.

3. Is it possible for expungements to be denied?

Yes, the court may decide not to grant an expungement. Each state has specific standards that have been laid down. Common contributing factors that lead to a denial include the existence of additional convictions, pending arrests, open cases, unpaid fines. Non-qualifying arrest and non-fulfillment of the time set by law are also factors.

4. How long will it take for a court to grant expungement?

How long it takes will largely depend on the complexity of your case and on the county where you were convicted. However, the expungement process typically takes a few months up to a year to finish.  A knowledgeable attorney can assist you in filing your petition correctly so that delays are kept to a minimum.

 

If you want to start your expungement process the right way, turn to the experienced attorneys at Moore Law Trial Lawyers in Rocky Mount, NC. With over 20 years of experience in expungements, criminal defense, and traffic tickets, this proven law firm can provide you with the compassionate support and tenacious representation you need. Call them today at (252) 443-2468 to schedule your free consultation, or visit their website for more information.

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