Legal Question in Criminal Law in North Carolina
I would like to know if it is possible to get an expungement in the state of North Carolina, I was convicted of a class I felony possession of cocaine and a misdemeanor shoplifting in 2003? I didn't do any jail time just 2yrs probation and community service.
1 Answer from Attorneys
You can only get an expungement on limited grounds under N.C. Gen. Stat. 90-96. I do not exactly know how old you were and what the specific charge was. If you were under 21, you may be able to seek an expungement of the drug charges under N.C. Gen. Stat. 15A-145.2.
A person is only allowed to get one expungement, so I do not know if both convictions can be expunged unless they occurred at the same time or close together. The grounds for expungement of non-drug related offenses are set forth in N.C. Gen. Stat. 15-146 and 15-147 and relate to situations where the charges are dismissed or the defendant is found not guilty. Other non-drug charges can be dismissed if you were 18 when the crime occurred.
I would suggest that you speak to a criminal law attorney in the county in which you were convicted. While you do not need an attorney to get an expungement, it is a complicated process and an attorney can steer the petition for expungement through the process.
Related Questions & Answers
-
Is it legal for my mother in law to share her prescriptions with her son? Asked 6/20/10, 3:29 pm in United States North Carolina Criminal Law