Charlotte North Carolina Instructions for Petition and Order of Expunction Of Misdemeanor Larceny Conviction Under G.S. 15A-145(d1)

State:
North Carolina
City:
Charlotte
Control #:
NC-CR-266I
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This is an official form from the North Carolina Court System, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.


The Charlotte North Carolina Instructions for Petition and Order of Exp unction of Misdemeanor Larceny Conviction under G.S. 15A-145(d1) provide guidance and requirements for individuals seeking to have their misdemeanor larceny conviction expunged in accordance with the relevant statute. Exp unction refers to the legal process of erasing or sealing criminal records, allowing individuals to have a fresh start without the burden of a criminal conviction. G.S. 15A-145(d1) specifically pertains to the exp unction of misdemeanor larceny convictions in North Carolina. The instructions for the petition and order outline the necessary steps and documents required to initiate the exp unction process. These instructions typically include the following information: 1. Eligibility criteria: The instructions will specify the criteria that must be met for an individual to be eligible for exp unction under G.S. 15A-145(d1). This may include requirements such as completion of their sentence, serving a specific waiting period, and having no prior convictions. 2. Filing process: The instructions will detail the necessary forms to be completed and documents to be gathered for the exp unction petition. It may include the required petition form, affidavit(s), and any supporting evidence or documentation required to support the exp unction. 3. Filing location: The instructions will indicate where the petition needs to be filed, which is typically the clerk's office in the county where the misdemeanor conviction occurred. It may also provide contact information for the relevant court or agency to seek clarification or assistance. 4. Notice requirements: The instructions may specify any requirements for providing notice to the District Attorney's Office and other key parties involved in the case, such as law enforcement agencies or the probation department. This notice is usually sent to inform them of the exp unction request and allow them an opportunity to object or contest the petition. 5. Hearing process: The instructions may outline the process of scheduling a hearing, if required. It may provide information on how to request a hearing date, what to expect during the hearing, and any additional documentation or evidence that may be needed to present at the hearing. Different types or variations of these instructions may exist depending on the specific court or jurisdiction within Charlotte, North Carolina. The content may remain largely consistent, but minor differences in formatting, terminology, or additional requirements may occur. It is essential to ensure that the instructions obtained are specifically tailored to the jurisdiction where the petition is being filed to ensure compliance with the local rules and regulations.

The Charlotte North Carolina Instructions for Petition and Order of Exp unction of Misdemeanor Larceny Conviction under G.S. 15A-145(d1) provide guidance and requirements for individuals seeking to have their misdemeanor larceny conviction expunged in accordance with the relevant statute. Exp unction refers to the legal process of erasing or sealing criminal records, allowing individuals to have a fresh start without the burden of a criminal conviction. G.S. 15A-145(d1) specifically pertains to the exp unction of misdemeanor larceny convictions in North Carolina. The instructions for the petition and order outline the necessary steps and documents required to initiate the exp unction process. These instructions typically include the following information: 1. Eligibility criteria: The instructions will specify the criteria that must be met for an individual to be eligible for exp unction under G.S. 15A-145(d1). This may include requirements such as completion of their sentence, serving a specific waiting period, and having no prior convictions. 2. Filing process: The instructions will detail the necessary forms to be completed and documents to be gathered for the exp unction petition. It may include the required petition form, affidavit(s), and any supporting evidence or documentation required to support the exp unction. 3. Filing location: The instructions will indicate where the petition needs to be filed, which is typically the clerk's office in the county where the misdemeanor conviction occurred. It may also provide contact information for the relevant court or agency to seek clarification or assistance. 4. Notice requirements: The instructions may specify any requirements for providing notice to the District Attorney's Office and other key parties involved in the case, such as law enforcement agencies or the probation department. This notice is usually sent to inform them of the exp unction request and allow them an opportunity to object or contest the petition. 5. Hearing process: The instructions may outline the process of scheduling a hearing, if required. It may provide information on how to request a hearing date, what to expect during the hearing, and any additional documentation or evidence that may be needed to present at the hearing. Different types or variations of these instructions may exist depending on the specific court or jurisdiction within Charlotte, North Carolina. The content may remain largely consistent, but minor differences in formatting, terminology, or additional requirements may occur. It is essential to ensure that the instructions obtained are specifically tailored to the jurisdiction where the petition is being filed to ensure compliance with the local rules and regulations.

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FAQ

Whether you're facing an infraction, misdemeanor or felony, charges against you can be 'dropped' at any time between your arrest and the end of your trial. While a verdict of Not Guilty is the best outcome, having the charges voluntarily dismissed could save you time and money.

To expunge a conviction, you must provide a number of documents, such as having two witness affidavits declaring you have a good moral character. You can't expunge a violent misdemeanor, violent felony, and certain drug crime convictions.

Does it cost anything to file for an expungement? If your charges were dismissed by the court or you were found not guilty, there is no charge to file for expungement. In all other cases, however, there is a filing fee of $175.00.

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.

To expunge a conviction, you must provide a number of documents, such as having two witness affidavits declaring you have a good moral character. You can't expunge a violent misdemeanor, violent felony, and certain drug crime convictions.

You must file documents with the clerk of court in the county where the charge was dismissed, you must file petitions in each county/court where you have a criminal record.

How Can I Get My Charges Dropped? Deferred Prosecution.Conditional Discharge.Drug Treatment Court Program.Diversion for Veterans.Diversion for Those with Mental Illness.Diversion for Juveniles.

Misdemeanor convictions can now be expunged after 5 years instead of 15. Felony convictions can now be expunged after 10 years instead of 15. There is no more limit on how many dismissals can be expunged.

Expunging a Larceny Conviction in NC Any non-guilty verdict results in immediate eligibility for expungement. However, if you are convicted of Misdemeanor Larceny in NC and you are over the age of 18, you are eligible for expungement 5 years after your conviction.

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You will want to use a form that is in English, and which clearly and accurately describes the statute. Here are some of the easiest and cheapest options you will find: The following forms are for North Carolina and for the first offense of felony larceny. You will use them for any subsequent offenses. Forms for felonies in every state. You may find more state specific forms and instructions with other jurisdictions. Click on the links below to find a specific form: NC Form 3A NC Form 3C NC Form 3D All forms used are for first-offense misdemeanor larceny convictions only. Do not use NC Form 3E for felonies. All forms are for a first misdemeanor larceny felony, except for NC Form 4, which is for a prior or subsequent felony larceny conviction. This is because NC Form 4 contains mandatory instructions for a subsequent felony conviction, while the rest simply describes the same crime for both first and subsequent felonies.

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Charlotte North Carolina Instructions for Petition and Order of Expunction Of Misdemeanor Larceny Conviction Under G.S. 15A-145(d1)