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North Carolina Expungement Forms

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.


Keywords: North Carolina, criminal record, expungement, Affidavit in Support of Motion to Order Description: An Affidavit in Support of Motion to Order Expungement of a Criminal Record is a legal document used in the state of North Carolina. It is filed by an individual seeking to have their criminal record expunged, which means to have their previous conviction or arrest records sealed or destroyed. In North Carolina, there are different types of Affidavits in Support of Motion to Order Expungement of Criminal Records. These may include: 1. Affidavit for Exp unction of Dismissed Charges: This type of Affidavit is used when an individual's charges were dismissed, leading to no conviction. It is filed to expunge these dismissed charges from their criminal record. 2. Affidavit for Exp unction of Charges Resulting in Acquittal: When an individual is acquitted of the charges brought against them by a court, they can file this type of Affidavit to have those charges removed from their criminal record. 3. Affidavit for Exp unction of Charges Resulting in a Pardon of Innocence: This Affidavit is used by individuals who have received a pardon of innocence, indicating that they were wrongfully convicted. It allows them to have the charges associated with the wrongful conviction expunged. 4. Affidavit for Exp unction of Nonviolent Convictions under the First Offender Act: Some nonviolent convictions can be expunged under the North Carolina First Offender Act. By filing this Affidavit, individuals can request the expungement of such convictions from their criminal record. 5. Affidavit for Exp unction of Juvenile Record: This type of Affidavit is used when an individual wants the expungement of their juvenile criminal record. It allows individuals who were charged with offenses as juveniles to remove those charges from their records once they reach a certain age. When preparing an Affidavit in Support of Motion to Order Expungement of a Criminal Record in North Carolina, it is crucial to follow the relevant rules and procedures set by the state's courts. It should include accurate information, such as the petitioner's details, case number, charges, and reasons for seeking expungement. Additionally, supporting documents and evidence may be required, depending on the specific type of expungement sought. Once the Affidavit along with any required supporting documents is completed, it must be filed with the appropriate court and served to all relevant parties involved, including the District Attorney. The court will then review the Affidavit, consider the merits of the request, and make a decision regarding the expungement of the criminal record.

Keywords: North Carolina, criminal record, expungement, Affidavit in Support of Motion to Order Description: An Affidavit in Support of Motion to Order Expungement of a Criminal Record is a legal document used in the state of North Carolina. It is filed by an individual seeking to have their criminal record expunged, which means to have their previous conviction or arrest records sealed or destroyed. In North Carolina, there are different types of Affidavits in Support of Motion to Order Expungement of Criminal Records. These may include: 1. Affidavit for Exp unction of Dismissed Charges: This type of Affidavit is used when an individual's charges were dismissed, leading to no conviction. It is filed to expunge these dismissed charges from their criminal record. 2. Affidavit for Exp unction of Charges Resulting in Acquittal: When an individual is acquitted of the charges brought against them by a court, they can file this type of Affidavit to have those charges removed from their criminal record. 3. Affidavit for Exp unction of Charges Resulting in a Pardon of Innocence: This Affidavit is used by individuals who have received a pardon of innocence, indicating that they were wrongfully convicted. It allows them to have the charges associated with the wrongful conviction expunged. 4. Affidavit for Exp unction of Nonviolent Convictions under the First Offender Act: Some nonviolent convictions can be expunged under the North Carolina First Offender Act. By filing this Affidavit, individuals can request the expungement of such convictions from their criminal record. 5. Affidavit for Exp unction of Juvenile Record: This type of Affidavit is used when an individual wants the expungement of their juvenile criminal record. It allows individuals who were charged with offenses as juveniles to remove those charges from their records once they reach a certain age. When preparing an Affidavit in Support of Motion to Order Expungement of a Criminal Record in North Carolina, it is crucial to follow the relevant rules and procedures set by the state's courts. It should include accurate information, such as the petitioner's details, case number, charges, and reasons for seeking expungement. Additionally, supporting documents and evidence may be required, depending on the specific type of expungement sought. Once the Affidavit along with any required supporting documents is completed, it must be filed with the appropriate court and served to all relevant parties involved, including the District Attorney. The court will then review the Affidavit, consider the merits of the request, and make a decision regarding the expungement of the criminal record.

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How to fill out North Carolina Affidavit In Support Of Motion To Order Expungement Of Criminal Record?

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The attorney fee is typically $1,200 and the process can take 6-12 months to finalize. The motion to expunge must be filed in the county and state where the charge originated. If the charge was from outside North Carolina then you must contact an attorney from that state.

Violent misdemeanors (assault with a deadly weapon, child abuse, and others), Class A felonies (murder and others), and felonies requiring sex offender registration (sexual battery, human trafficking, incest, and more), are among those that are never eligible for expunction in North Carolina.

Is there a fee for expungements? There is a $175 filing fee for certain expungements. Please see below for information on which expungements require this filing fee. You can file a fee waiver form with the court if you meet certain criteria.

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 criminal records that can generally be expunged in North Carolina include, but are not limited to: Up to three non-violent felony convictions. Non-violent misdemeanor convictions. First-time convictions for certain offenses before age 18 or 22. Any charge that resulted in a not guilty verdict.

A petition for expunction should be filed with the clerk of court in the county where you were charged or convicted.

Legal Aid of North Carolina has several programs that can help qualified people to get expunctions. You can call our helpline at 1-866-219-5262 or apply online to get help preparing the paperwork you need to file your own expunction anywhere in the state.

New Expungement laws in NC Reduce the wait period to expunge certain misdemeanor convictions from 15 years to 5 years. Reduce the wait period to expunge certain felony convictions from 15 years to 10 years. Law enforcement and prosecutors will now have access to expungement records under this new law.

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The SBI will complete the Criminal History Record Information and a search for outstanding warrants and pending criminal cases and forward it to the NCAOC. 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 ...Affidavits: If you are expunging adult “nonviolent” misdemeanors and/or felonies, you must include three additional things. A notarized statement signed by you ... ... Expungement. Get a complete copy of your criminal record and determine if you are eligible to file for expungement. Complete the relevant form (links below). This sworn statement is made in support of my petition to expunge a charge from my criminal record. ... the criminal record has been expunged by court order. 16 ... Apr 24, 2015 — 1) Get the following affidavits and have them notarized: · 2) Fill out a proper expungement petition for the courts. · 3) Serve the district ... North Carolina Expungement Forms and Guides - Getting Your Criminal Record Expunged. Locate state specific forms for all types of expungement forms. 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 ... (g) The court shall also order that the nonviolent felony conviction be expunged from the records of the court and direct all law enforcement agencies ... First, you will need to gather affidavits. It would be best if you gave an affidavit saying that you have been of good moral character since the conviction and ...

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North Carolina Expungement Forms