Full Answer
The process includes multiple steps involving the court system, the arresting agency, and the State Bureau of Investigation. The information below is intended to provide some helpful hints about North Carolina’s expungement process and is not intended to be legal advice.
A petitioner is not required to hire an attorney to assist with the expungement process, it is the petitioner’s choice to hire legal representation. In the absence of legal representation, the petitioner must correctly complete the petition form to include all personal and court information, docket numbers, charges, and dispositions.
It’s important to use the petition form that applies to the general statute being used to seek an expungement. Using the incorrect form may significantly delay the process or result in a rejection. The expungement process is initiated by filing the petition form in the county where the arrest occurred.
Seeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. The process includes multiple steps involving the court system, the arresting agency, and the State Bureau of Investigation.
$175.00The cost to file this expunction is $175.00, which must be paid to the clerk of court at the time of filing.
Do I need a lawyer to expunge my record? You need a lawyer to expunge a charge. While a lawyer is not required in NC, the expungement process is lengthy and extremely complicated. To file, you must do so under the applicable statute, using the correct AOC form, fill it out and potentially go to Court.
The fee that Expungement Lawyers in New Jersey™ charge for expungement processing ranges from $1,285.00 including expenses to $3,985.00 plus expenses. In most instances, the fee is $1,485.00.
Legal Aid of North Carolina's Criminal Record Expungement clinics are free and open to the public. There are no eligibility restrictions.
Hiring an attorney to handle an expungement starts around $400-$1,000 for a single criminal charge but can run $1,000-$4,000 or more depending on the number and nature (misdemeanor or felony) of the charges, prevailing local legal rates and the status and experience of the attorney.
To expunge a conviction, you must provide a number of documents, such as having two witness affidavits declaring you have a good moral character. You can't expunge a violent misdemeanor, violent felony, and certain drug crime convictions.
Filing Fees: The New Jersey Superior Courts currently charge $75 to file for an expungement.
Pursuant to N.J.S.A. 2C:52-30, “Except as otherwise provided in this chapter, any person who reveals to another the existence of an arrest, conviction or related legal proceeding with knowledge that the records and information pertaining thereto have been expunged or sealed is a disorderly person.
Under N.J.S.A. 2C:52-7, a person who has committed only one (or no) indictable offense during the course of his entire life will be eligible for an expungement. In other words, someone who was convicted of two or more indictable offenses cannot seek an expungement except under very specific conditions.
10 yearsNow: Misdemeanor convictions qualify for an expungement after five years instead of 15. Before: To expunge a felony conviction, you needed to wait 15 years. Now: Felony convictions qualify for an expungement after 10 years instead of 15.
The only way to remove it is through expungement. It can be possible to have felony conviction expunged from an individual's record. There are usually state specific criteria that must be met prior to petitioning the court for an expungement.
for lifeA misdemeanor stays on your record for life unless you successfully petition for expungement. There is no preset “expiration date” for misdemeanor crimes. Even though misdemeanor offenses are less serious than felonies, they are still serious breaches in the eyes of the law.