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North Carolina Petition and Order of Expunction Under G.S. 15A-145 and G.S. 15A-146

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North Carolina
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NC-CR-264
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Petition and Order of Expunction Under G.S. 15A-145 and G.S. 15A-146: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.

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FAQ

The law says you can't expunge: Class A through Class G felonies. Crimes that involve contaminating food or drinks in a way that makes someone mentally incapacitated or helpless. Felonies that include assault as an essential element of the offense.

There is generally a $175 filing fee to petition for expunction. A few expunction statutes do not require a fee, like expunction of charges that were dismissed or ended in a not guilty verdict, unless the dismissal was based on the completion of a diversion program or deferred prosecution agreement.

North Carolina's felonies can be classified into different classes that are used to determine the extent of the punishment to be given to a certain person. Class G felonies are the third-to-the-lowest in the class ranking. Robbery is a violent theft offense.

How long does it take to get an expungement in North Carolina? This entire expungement process can take anywhere from six to twelve months. And while that may seem like a long time, the wait is well worth the peace of mind you will have knowing that your charge(s) have been expunged.

The convictions can be expunged 4 years from the conviction date or completion of any sentence, whichever is later. Chapter 15A-145.4 of the North Carolina General Statutes applies to all felonies and misdemeanors with the following exceptions: Class A through G felonies.

The expungement process is initiated by filing the petition form in the county where the arrest occurred. A petitioner may contact the clerk of court or contact a private attorney regarding the procedures for filing the petition form.

Other Important Changes to Expungements in North Carolina Now: Felony convictions qualify for an expungement after 10 years instead of 15. Before: You could only get one set of dismissals expunged. Now: There is no longer a limit on how many dismissals can qualify for an expungement.

To expunge a criminal record in North Carolina, you must file your petition at the county courthouse where you were charged. You must fill out the specific AOC form that applies to you. The forms are based on your age, charge and outcome of the case, among other things.

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North Carolina Petition and Order of Expunction Under G.S. 15A-145 and G.S. 15A-146