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.
Winston-Salem, North Carolina Instructions for Petition and Order of Exp unction of Misdemeanor Larceny Conviction Under G.S. 15A-145(d1) In Winston-Salem, North Carolina, individuals who have been convicted of misdemeanor larceny and meet certain eligibility criteria may be eligible to have their conviction expunged. Exp unction is the legal process of having a criminal record cleared or sealed from public view. This article will provide detailed instructions on how to file a Petition and Order of Exp unction for a misdemeanor larceny conviction under G.S. 15A-145(d1) in Winston-Salem, North Carolina. Requirements: 1. Time since conviction: In order to be eligible for exp unction, at least 15 years must have passed since the date of conviction for misdemeanor larceny. 2. No subsequent convictions: Applicants must not have been convicted of any other felony or misdemeanor offense since the larceny conviction. 3. Good behavior: Applicants must have maintained good moral character and have not been convicted of any other crimes during the 15-year period following the misdemeanor larceny conviction. The Process: 1. Obtain necessary forms: Begin by acquiring the required forms for the Petition and Order of Exp unction. These forms can be obtained from the Clerk of Superior Court's office in Winston-Salem or downloaded from their official website. 2. Fill out the forms: Carefully complete all sections of the Petition and Order of Exp unction forms, ensuring accuracy and completeness. Provide all requested personal information, including full name, date of birth, case number, and conviction details. 3. Attach supporting documents: Gather supporting documents to accompany your petition. These may include a certified copy of the final judgment order, proof of completion of any probation, and any other relevant documents that support your eligibility for exp unction. 4. File the petition: Take the completed forms and supporting documents to the Clerk of Superior Court's office in Winston-Salem. Submit your petition there, and pay the required filing fee, if applicable. Make sure to keep a copy of all documents for your records. 5. Serve the District Attorney: After filing the petition, you must serve a copy of the petition and supporting documents to the District Attorney's office in Winston-Salem. This can usually be done by certified mail with return receipt requested. Ensure that you retain proof of service. 6. Await court decision: Once the District Attorney's office receives the petition and documents, they will review and decide whether to oppose or support the exp unction. If there is opposition, a hearing may be scheduled. Otherwise, the matter will be decided based on the submitted documents. 7. Attend the hearing (if required): If a hearing is scheduled, it is essential to prepare for it. Gather any additional evidence or witnesses supporting your eligibility for exp unction and present your case before the court. 8. Receive the Order of Exp unction: If the court grants your petition, you will receive an Order of Exp unction. This order directs various law enforcement agencies to expunge your misdemeanor larceny conviction from their records. 9. Follow-up: Ensure that the exp unction order is properly implemented by all agencies involved. Monitor your records and notify any agencies that may not have removed the conviction as instructed by the court. 10. Enjoy the benefits: Once your misdemeanor larceny conviction is expunged, it will no longer appear on most background checks conducted by employers, landlords, or financial institutions, allowing you to move forward with a clean record. Different Types of Winston-Salem North Carolina Instructions for Petition and Order of Exp unction Of Misdemeanor Larceny Conviction Under G.S. 15A-145(d1): 1. Regular Misdemeanor Larceny Exp unction: This instruction guide covers the process of expunging misdemeanor larceny convictions under G.S. 15A-145(d1) for individuals who meet the eligibility requirements. 2. Exp unction Denied: In cases where the exp unction petition is denied or opposed, this guide provides instructions on how to handle a hearing and present your case before the court to support exp unction. 3. Exp unction Order Implementation: After receiving the Order of Exp unction, this guide provides instructions on how to ensure all relevant agencies properly implement the exp unction order and remove the conviction from their records. Remember, it is crucial to consult with an attorney familiar with North Carolina exp unction laws to ensure your eligibility and to assist you throughout the process.Winston-Salem, North Carolina Instructions for Petition and Order of Exp unction of Misdemeanor Larceny Conviction Under G.S. 15A-145(d1) In Winston-Salem, North Carolina, individuals who have been convicted of misdemeanor larceny and meet certain eligibility criteria may be eligible to have their conviction expunged. Exp unction is the legal process of having a criminal record cleared or sealed from public view. This article will provide detailed instructions on how to file a Petition and Order of Exp unction for a misdemeanor larceny conviction under G.S. 15A-145(d1) in Winston-Salem, North Carolina. Requirements: 1. Time since conviction: In order to be eligible for exp unction, at least 15 years must have passed since the date of conviction for misdemeanor larceny. 2. No subsequent convictions: Applicants must not have been convicted of any other felony or misdemeanor offense since the larceny conviction. 3. Good behavior: Applicants must have maintained good moral character and have not been convicted of any other crimes during the 15-year period following the misdemeanor larceny conviction. The Process: 1. Obtain necessary forms: Begin by acquiring the required forms for the Petition and Order of Exp unction. These forms can be obtained from the Clerk of Superior Court's office in Winston-Salem or downloaded from their official website. 2. Fill out the forms: Carefully complete all sections of the Petition and Order of Exp unction forms, ensuring accuracy and completeness. Provide all requested personal information, including full name, date of birth, case number, and conviction details. 3. Attach supporting documents: Gather supporting documents to accompany your petition. These may include a certified copy of the final judgment order, proof of completion of any probation, and any other relevant documents that support your eligibility for exp unction. 4. File the petition: Take the completed forms and supporting documents to the Clerk of Superior Court's office in Winston-Salem. Submit your petition there, and pay the required filing fee, if applicable. Make sure to keep a copy of all documents for your records. 5. Serve the District Attorney: After filing the petition, you must serve a copy of the petition and supporting documents to the District Attorney's office in Winston-Salem. This can usually be done by certified mail with return receipt requested. Ensure that you retain proof of service. 6. Await court decision: Once the District Attorney's office receives the petition and documents, they will review and decide whether to oppose or support the exp unction. If there is opposition, a hearing may be scheduled. Otherwise, the matter will be decided based on the submitted documents. 7. Attend the hearing (if required): If a hearing is scheduled, it is essential to prepare for it. Gather any additional evidence or witnesses supporting your eligibility for exp unction and present your case before the court. 8. Receive the Order of Exp unction: If the court grants your petition, you will receive an Order of Exp unction. This order directs various law enforcement agencies to expunge your misdemeanor larceny conviction from their records. 9. Follow-up: Ensure that the exp unction order is properly implemented by all agencies involved. Monitor your records and notify any agencies that may not have removed the conviction as instructed by the court. 10. Enjoy the benefits: Once your misdemeanor larceny conviction is expunged, it will no longer appear on most background checks conducted by employers, landlords, or financial institutions, allowing you to move forward with a clean record. Different Types of Winston-Salem North Carolina Instructions for Petition and Order of Exp unction Of Misdemeanor Larceny Conviction Under G.S. 15A-145(d1): 1. Regular Misdemeanor Larceny Exp unction: This instruction guide covers the process of expunging misdemeanor larceny convictions under G.S. 15A-145(d1) for individuals who meet the eligibility requirements. 2. Exp unction Denied: In cases where the exp unction petition is denied or opposed, this guide provides instructions on how to handle a hearing and present your case before the court to support exp unction. 3. Exp unction Order Implementation: After receiving the Order of Exp unction, this guide provides instructions on how to ensure all relevant agencies properly implement the exp unction order and remove the conviction from their records. Remember, it is crucial to consult with an attorney familiar with North Carolina exp unction laws to ensure your eligibility and to assist you throughout the process.
