High Point North Carolina Petition and Order of Expunction of Official Records when Pardon of Innocence or Clemency is Granted

State:
North Carolina
City:
High Point
Control #:
NC-CR-265
Format:
PDF
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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.


The High Point North Carolina Petition and Order of Exp unction of Official Records when Pardon of Innocence or Clemency is Granted is a legal process that allows individuals who have been granted a pardon of innocence or clemency to have their criminal records expunged. This means that their official records relating to the pardoned offense will be wiped clean, as if the offense never occurred. Keywords: High Point North Carolina, Petition and Order of Exp unction, Official Records, Pardon of Innocence, Clemency, criminal records, expungement. There are several types of High Point North Carolina Petition and Order of Exp unction of Official Records when Pardon of Innocence or Clemency is Granted, namely: 1. Pardon of Innocence Exp unction: This type of exp unction is applicable when an individual has been wrongfully convicted of a crime and subsequently granted a pardon of innocence by the Governor of North Carolina. The petition and order of exp unction aim to erase all official records related to the wrongful conviction. 2. Clemency Exp unction: This type of exp unction is applicable when an individual has been granted clemency by the Governor, which involves a reduction in the severity of their sentence or an early release from imprisonment. The petition and order of exp unction seek to expunge or seal the official records related to the original offense for which clemency was granted. The High Point North Carolina Petition and Order of Exp unction of Official Records when Pardon of Innocence or Clemency is Granted process involves several steps. Firstly, the individual must file a petition with the appropriate court, seeking exp unction of their official records. This petition typically includes detailed information about the original offense, the pardon of innocence or clemency granted, and the specific records that require exp unction. Once the petition is filed, a hearing may be scheduled where the individual will have the opportunity to present evidence supporting their request for exp unction. The court will review the petition, along with any supporting documentation or arguments, and make a decision based on the merits of the case and applicable legal statutes. If the court grants the exp unction, an order will be issued directing relevant agencies, such as law enforcement, the court clerk, and the North Carolina State Bureau of Investigation, to expunge the specified records from their databases and systems. It is important to note that exp unction does not remove records held by private entities or organizations independent of the government's systems. In conclusion, the High Point North Carolina Petition and Order of Exp unction of Official Records when Pardon of Innocence or Clemency is Granted is a legal process that allows individuals who have been granted a pardon of innocence or clemency to have their criminal records expunged. It provides a means for individuals to move forward with their lives without the burden of a criminal record, allowing for a fresh start and a chance to rebuild their reputation.

The High Point North Carolina Petition and Order of Exp unction of Official Records when Pardon of Innocence or Clemency is Granted is a legal process that allows individuals who have been granted a pardon of innocence or clemency to have their criminal records expunged. This means that their official records relating to the pardoned offense will be wiped clean, as if the offense never occurred. Keywords: High Point North Carolina, Petition and Order of Exp unction, Official Records, Pardon of Innocence, Clemency, criminal records, expungement. There are several types of High Point North Carolina Petition and Order of Exp unction of Official Records when Pardon of Innocence or Clemency is Granted, namely: 1. Pardon of Innocence Exp unction: This type of exp unction is applicable when an individual has been wrongfully convicted of a crime and subsequently granted a pardon of innocence by the Governor of North Carolina. The petition and order of exp unction aim to erase all official records related to the wrongful conviction. 2. Clemency Exp unction: This type of exp unction is applicable when an individual has been granted clemency by the Governor, which involves a reduction in the severity of their sentence or an early release from imprisonment. The petition and order of exp unction seek to expunge or seal the official records related to the original offense for which clemency was granted. The High Point North Carolina Petition and Order of Exp unction of Official Records when Pardon of Innocence or Clemency is Granted process involves several steps. Firstly, the individual must file a petition with the appropriate court, seeking exp unction of their official records. This petition typically includes detailed information about the original offense, the pardon of innocence or clemency granted, and the specific records that require exp unction. Once the petition is filed, a hearing may be scheduled where the individual will have the opportunity to present evidence supporting their request for exp unction. The court will review the petition, along with any supporting documentation or arguments, and make a decision based on the merits of the case and applicable legal statutes. If the court grants the exp unction, an order will be issued directing relevant agencies, such as law enforcement, the court clerk, and the North Carolina State Bureau of Investigation, to expunge the specified records from their databases and systems. It is important to note that exp unction does not remove records held by private entities or organizations independent of the government's systems. In conclusion, the High Point North Carolina Petition and Order of Exp unction of Official Records when Pardon of Innocence or Clemency is Granted is a legal process that allows individuals who have been granted a pardon of innocence or clemency to have their criminal records expunged. It provides a means for individuals to move forward with their lives without the burden of a criminal record, allowing for a fresh start and a chance to rebuild their reputation.

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FAQ

Pardons generally don't expunge convictions. But, they will usually restore civil rights lost as a result of the conviction. So, pardons will generally restore: the right to vote.

A pardon reaches both the punishment prescribed for the offence and the guilt of the offender; and when the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offence.

Rather, it represents forgiveness. When one accepts a presidential pardon, he or she is not admitting guilt or waiving habeas rights. It remains unseen as to whether or not the Department of Justice will petition the Supreme Court to get a final answer.

A record suspension, also known as a pardon, is the Canadian government's way of giving a reformed, law abiding citizen a ?clean slate.? In other words, a pardon can clear your criminal 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.

Pardons can be full or partial, absolute or conditional. Full. Unconditionally absolves the person of the conviction and all of the crime's consequences. Partial. Only relieves the person from some of the crime's punishment or consequences. Absolute. Granted without any conditions. Conditional.

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.

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).

Additionally, violent felonies, violent misdemeanors, and certain drug crimes are not eligible for expungement at all. If the arrest resulted in a dismissal or not guilty verdict, you are allowed unlimited expungements. If you have also committed a felony, however, you are not allowed any expungements.

More info

Often this application is also known as a clemency letter. Nebraska, the power to grant pardons is vested exclusively in the board of pardons.Granting, violation and revocation of parole. Clemency: "Clemency" is the forgiveness of an offender. For a North Carolina criminal record check any misdemeanor or felony charge will appear. Bert M. Montague, Director. Department of Justice. Effective to bar consideration of conviction in public employment and licensing. Arizona, California,. The two existing federal post-.

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High Point North Carolina Petition and Order of Expunction of Official Records when Pardon of Innocence or Clemency is Granted