Petition and Order of Expunction of Official Records when Pardon of Innocence is Granted: 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.
North Carolina Petition and Order of Expunction of Official Records when Pardon of Innocence or Clemency is Granted
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How to fill out North Carolina Petition And Order Of Expunction Of Official Records When Pardon Of Innocence Or Clemency Is Granted?
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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.
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.
By law, pardon applications to the governor must be in writing and signed by the convicted person or someone on his behalf. The application must contain the reasons for asking for the pardon and a certified copy of the indictment, verdict, and court judgment (NCGS § 147-21).
Clemency is a general term for reducing the penalties for a particular crime without actually clearing your criminal record.It's important to note that in all cases of clemency, pardon or otherwise, the person's conviction is not overturned or removed from the public record.
While a presidential pardon will restore various rights lost as a result of the pardoned offense and should lessen to some extent the stigma arising from a conviction, it will not erase or expunge the record of your conviction.
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.
Yes, your conviction will still show on your background check, even after you have been granted a pardon by the governor.However, after a pardon is granted, both the California Department of Justice and the FBI are notified so that they can update their records to show that a pardon was issued.
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.
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.