Wake 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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Wake
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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.


The Wake North Carolina Petition and Order of Exp unction under G.S. 15A-145 and G.S. 15A-146 refer to legal procedures that allow individuals to have certain criminal records expunged or "wiped clean" from their record in Wake County, North Carolina. Exp unction refers to the removal of information related to an individual's arrest, charge, or conviction from public records. By filing a petition and obtaining an order of exp unction, individuals can effectively erase their criminal history, giving them a fresh start without the stigma and repercussions of past offenses. There are several types of Wake North Carolina Petition and Order of Exp unction that fall under G.S. 15A-145 and G.S. 15A-146. Here are some common examples: 1. Exp unction of Dismissed Charges: — This type of exp unction applies when an individual's criminal charges were dismissed, or they were found not guilty at trial. — The petition can be filed after the case is dismissed or charges are dropped, and the order of exp unction is obtained if the court determines that the individual's charges meet the eligibility criteria. 2. Exp unction of Certain Nonviolent Offenses Committed under the Age of 18: — ThiTepexpanxunctiononon applies to individuals who committed nonviolent offenses when they were under the age of 18. — Eligible offenses can include low-level misdemeanors and certain Class H and I felonies. The petition can be filed once the individual turns 18 and completes all aspects of their sentence. 3. Exp unction of Identity Theft as a Minor: — This exp unction applies to individuals who were victims of identity theft and had their name, date of birth, or social security number used without consent, resulting in criminal charges. — The petition can be filed if the charges were filed against the minor but were falsely attributed to them due to identity theft. 4. Exp unction of Certain Drug Offenses: — This exp unction applies to individuals who were convicted of certain nonviolent drug offenses, primarily related to possession for personal use, and have successfully completed their sentence, including probation. — The petition can be filed after a waiting period, usually a specified number of years from the date of conviction. It's important to note that each type of exp unction has specific eligibility requirements and procedures that must be followed. Consulting with a qualified attorney or legal resource in Wake County, North Carolina is highly recommended ensuring proper guidance throughout the petition and order of exp unction process.

The Wake North Carolina Petition and Order of Exp unction under G.S. 15A-145 and G.S. 15A-146 refer to legal procedures that allow individuals to have certain criminal records expunged or "wiped clean" from their record in Wake County, North Carolina. Exp unction refers to the removal of information related to an individual's arrest, charge, or conviction from public records. By filing a petition and obtaining an order of exp unction, individuals can effectively erase their criminal history, giving them a fresh start without the stigma and repercussions of past offenses. There are several types of Wake North Carolina Petition and Order of Exp unction that fall under G.S. 15A-145 and G.S. 15A-146. Here are some common examples: 1. Exp unction of Dismissed Charges: — This type of exp unction applies when an individual's criminal charges were dismissed, or they were found not guilty at trial. — The petition can be filed after the case is dismissed or charges are dropped, and the order of exp unction is obtained if the court determines that the individual's charges meet the eligibility criteria. 2. Exp unction of Certain Nonviolent Offenses Committed under the Age of 18: — ThiTepexpanxunctiononon applies to individuals who committed nonviolent offenses when they were under the age of 18. — Eligible offenses can include low-level misdemeanors and certain Class H and I felonies. The petition can be filed once the individual turns 18 and completes all aspects of their sentence. 3. Exp unction of Identity Theft as a Minor: — This exp unction applies to individuals who were victims of identity theft and had their name, date of birth, or social security number used without consent, resulting in criminal charges. — The petition can be filed if the charges were filed against the minor but were falsely attributed to them due to identity theft. 4. Exp unction of Certain Drug Offenses: — This exp unction applies to individuals who were convicted of certain nonviolent drug offenses, primarily related to possession for personal use, and have successfully completed their sentence, including probation. — The petition can be filed after a waiting period, usually a specified number of years from the date of conviction. It's important to note that each type of exp unction has specific eligibility requirements and procedures that must be followed. Consulting with a qualified attorney or legal resource in Wake County, North Carolina is highly recommended ensuring proper guidance throughout the petition and order of exp unction process.

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FAQ

How long does the expungement process take in NC? Regardless of the charge, the expungement process typically takes between 9 ? 12 months in North Carolina.

Expunction is the act or process of expunging something?erasing, deleting, crossing out, or destroying it. Expunction is especially used in the context of law, in which it refers to the removal of an arrest or conviction from a person's public criminal record.

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.

For some types of expungements, there is no filing fee. For example, if the charges were dismissed by the court without a deferment, or if you were found not guilty there is no filing fee. For other expungements, the courthouse will charge a filing fee of $175.00.

Clinics are located in many NC counties. If you do not see a clinic in your city or county, please check the surrounding counties in your area. You can also call the Legal Aid Helpline directly at 866-219-5262, because Legal Aid assists with some expungement cases if you qualify for additional services.

Expunge means to erase, delete, cross out, or destroy. Expunge is especially used in the context of law, in which it means to remove an arrest or conviction from a person's public criminal record.

If your misdemeanor is considered violent, it may not be expunged according to North Carolina law. If you were a minor when you committed the offense, there might be a chance for expungement.

To ?expunge? is to ?erase or remove completely.? In law, ?expungement? is the process by which a record of criminal conviction is destroyed or sealed from state or federal record.

How long does the expungement process take in NC? Regardless of the charge, the expungement process typically takes between 9 ? 12 months in North Carolina.

Understanding Expungement in Texas There are different ways to become eligible for expungement in Texas, but they usually require you to have your case dismissed or to be acquitted (found ?Not Guilty?) by a jury. Expunctions can be granted soon after a case ends or even months or years later.

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