Mecklenburg North Carolina Motion to Quash, Dismiss, or Set Aside Criminal Charges for Failure to Prosecute

Category:
State:
Multi-State
County:
Mecklenburg
Control #:
US-01851BG
Format:
Word; 
Rich Text
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Description

This form is a generic motion and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion to Quash, Dismiss, or Set Aside Criminal Charges for Failure to Prosecute
  • Preview Motion to Quash, Dismiss, or Set Aside Criminal Charges for Failure to Prosecute
  • Preview Motion to Quash, Dismiss, or Set Aside Criminal Charges for Failure to Prosecute

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FAQ

The cost to file this expunction is $175.00, which must be paid to the clerk of court at the time of filing.

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.

What does the NC Second Chance Act do? The Second Chance Act provides that charges which result in a not guilty verdict or dismissal without leave will automatically get expunged by operation of law. The Act does not address the method for the process for the automatic expungements.

The cost to file this expunction is $175.00, which must be paid to the clerk of court at the time of filing.

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.

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.

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.

The most important components of the change are detailed below: 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.

The Seven Year Rule Under federal law, the consumer reporting agencies cannot report an arrest that is over seven years old. However, they may report a conviction no matter how old it is.

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.

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Mecklenburg North Carolina Motion to Quash, Dismiss, or Set Aside Criminal Charges for Failure to Prosecute