An expunction is a legal action that can be taken to clear an individual’s criminal record. If the court grants an expunction, a person may deny having a criminal record on employment applications, rental or loan applications, school admissions applications and more. Although an expunction essentially erases a person’s criminal record, there are rare instances that may require an individual to disclose any expunged records.
5 Types of Expunctions
In Wake County, there are five types of expunctions:
- A person who is convicted of a misdemeanor while under the age of 18 but has never been convicted of any other crime (excluding minor traffic violations) may seek an expunction. However, the petition for expunction cannot be filed until two years after the conviction. The same holds true for individuals who have pleaded guilty to or have been convicted on misdemeanor charges of possession or purchase of an alcoholic beverage while under the age of 21.
- Individuals with certain first-time drug offenses may be eligible for an expunction if they were under 21 at the time of the offense. The petitioner may have to meet other special conditions such as participate in a drug education program and provide character affidavits.
- Victims of identity theft who are charged with an infraction, a misdemeanor, or a felony offense as a result of the identity theft may apply for an expunction if the charges were dismissed or a not guilty verdict was issued.
- The most common type of expunction can be sought by any person who has been charged with a crime as long as he or she a) does not have a prior felony conviction; b) has never had a record expunged; c) was found not guilty of the charges or the charges were dismissed.
- Individuals who are charged with an infraction for possession or purchase of alcohol while 19 or 20 years old and who were charged before December 1, 1999 may petition the court for an expunction if the charges were dismissed or if a not guilty verdict was handed down. The person must not have any prior felony convictions or expunged records.
Contact The Law Offices of Brad Sahl, P.C.
If you would like to find out whether you meet the requirements to get your record expunged, contact a Wake County expungement attorney at The Law Offices of Brad Sahl, P.C. today.