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

State:
North Carolina
County:
Wake
Control #:
NC-CR-265
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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 Wake North Carolina Petition and Order of Exp unction of Official Records is a legal process that individuals can pursue when they have been granted a pardon of innocence or clemency. This process aims to remove or seal official records related to their prior convictions, providing them with the opportunity to restore their reputation and move forward with a clean slate. Here are some key aspects and types of Wake North Carolina Petition and Order of Exp unction of Official Records: 1. Petition for Exp unction: Individuals who have received a pardon of innocence or clemency can file a petition for exp unction in Wake County, North Carolina. This petition requests the court to remove all official records of the individual's prior convictions from public visibility. 2. Order of Exp unction: Once the court approves the petition for exp unction, they issue an official order of exp unction. This order directs relevant agencies, such as law enforcement and the court system, to expunge or seal the petitioner's records, ensuring their past convictions are no longer accessible. 3. Pardon of Innocence: A pardon of innocence is granted when an individual is proven to be wrongfully convicted of a crime. This type of pardon acknowledges the individual's actual innocence and aims to rectify the injustice they have faced. The Wake North Carolina Petition and Order of Exp unction of Official Records can be pursued in such cases to eliminate any traces of the wrongful conviction from official records. 4. Clemency: Clemency is a form of executive forgiveness that can be granted by the Governor or the President in cases where there are doubts about an individual's guilt or when a sentence is deemed unfair or excessive. If clemency is granted to someone in Wake County, North Carolina, they can seek the Wake North Carolina Petition and Order of Exp unction of Official Records to ensure their past convictions are expunged or sealed. 5. Restoration of Reputation: The Wake North Carolina Petition and Order of Exp unction of Official Records helps individuals restore their reputation by erasing any official records of their past convictions. This process is essential for reintegrating into society, finding employment opportunities, and rebuilding their lives. 6. Public Notice: It is important to note that even after the exp unction of records, certain entities such as law enforcement agencies may retain non-public information relating to the expunged convictions to aid future investigations. However, these records will not be accessible to the public. In summary, the Wake North Carolina Petition and Order of Exp unction of Official Records provides individuals who have been granted a pardon of innocence or clemency the opportunity to remove or seal their prior convictions from official records. This process aims to restore their reputation, offer a second chance, and allow them to reintegrate into society.

The Wake North Carolina Petition and Order of Exp unction of Official Records is a legal process that individuals can pursue when they have been granted a pardon of innocence or clemency. This process aims to remove or seal official records related to their prior convictions, providing them with the opportunity to restore their reputation and move forward with a clean slate. Here are some key aspects and types of Wake North Carolina Petition and Order of Exp unction of Official Records: 1. Petition for Exp unction: Individuals who have received a pardon of innocence or clemency can file a petition for exp unction in Wake County, North Carolina. This petition requests the court to remove all official records of the individual's prior convictions from public visibility. 2. Order of Exp unction: Once the court approves the petition for exp unction, they issue an official order of exp unction. This order directs relevant agencies, such as law enforcement and the court system, to expunge or seal the petitioner's records, ensuring their past convictions are no longer accessible. 3. Pardon of Innocence: A pardon of innocence is granted when an individual is proven to be wrongfully convicted of a crime. This type of pardon acknowledges the individual's actual innocence and aims to rectify the injustice they have faced. The Wake North Carolina Petition and Order of Exp unction of Official Records can be pursued in such cases to eliminate any traces of the wrongful conviction from official records. 4. Clemency: Clemency is a form of executive forgiveness that can be granted by the Governor or the President in cases where there are doubts about an individual's guilt or when a sentence is deemed unfair or excessive. If clemency is granted to someone in Wake County, North Carolina, they can seek the Wake North Carolina Petition and Order of Exp unction of Official Records to ensure their past convictions are expunged or sealed. 5. Restoration of Reputation: The Wake North Carolina Petition and Order of Exp unction of Official Records helps individuals restore their reputation by erasing any official records of their past convictions. This process is essential for reintegrating into society, finding employment opportunities, and rebuilding their lives. 6. Public Notice: It is important to note that even after the exp unction of records, certain entities such as law enforcement agencies may retain non-public information relating to the expunged convictions to aid future investigations. However, these records will not be accessible to the public. In summary, the Wake North Carolina Petition and Order of Exp unction of Official Records provides individuals who have been granted a pardon of innocence or clemency the opportunity to remove or seal their prior convictions from official records. This process aims to restore their reputation, offer a second chance, and allow them to reintegrate into society.

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FAQ

Because of the required process, it typically takes up to 9 months to have your record sealed or expunged. This is because the first step in the process that everyone must go through is obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement.

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.

How long does a California Expungement take? Generally speaking, you can count on your expungement taking in the neighborhood of 90 to 120 days, but certain courts or older cases can take longer. Several factors impact the length of time an expungement takes to go through the court system.

Generally, you can have one non-violent felony or one non-violent misdemeanor expunged from your record. But in certain cases, more than one expungement can be approved. Additionally, violent felonies, violent misdemeanors, and certain drug crimes are not eligible for expungement at all.

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).

What can be expunged? North Carolina law determines the types of offenses that can be expunged from your criminal record. North Carolina courts can only expunge criminal records involving violations of North Carolina state law. Our courts cannot expunge criminal records from other states or federal criminal records.

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.

An expunged arrest is removed completely from the public record. Sealing court records generally only applies to crimes committed by juveniles. The arrest and conviction will remain on the person's record but can only be seen by court order. Sealed records should not turn up in a criminal background check.

Enquiries can be emailed to expungements@justice.gov.za or you can contact any of the following officials for more information: E Shongwe, Tel: (012) 315 1601. G Mashaba, Tel (012) 315 4654.

Criminal records are ?public records.? So anyone can access a criminal record even after a PC 1203.4 expungement ? unless the record is sealed. People who often access criminal records include: potential employers, landlords, and.

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An expungement is when a judge orders a record sealed so the public cannot see it. In Alabama, Connecticut, Georgia, Idaho, North Dakota and.Nebraska, the power to grant pardons is vested exclusively in the board of pardons. The clause provides: "The President … shall have Power to Grant. In the way the criminal justice system functions.w. Derek W. Black, Associate Professor of Law, J.D., University of North Carolina. Jasbir Bawa, Legal Writing Instructor, J.D., Howard University.

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