Asheville Expungement Lawyer

Expungement Attorney in Asheville, NC

Criminal convictions can change a person’s life. Most come with penalties that could include extensive fines and prison terms. People abide by the penalties of a conviction so that they “pay their debt to society” and rehabilitate themselves. The stigma of a conviction can follow a person throughout their life, but an experienced Asheville expungement lawyer could help.

Those with a criminal record may believe that the punishments continue long after they have served their sentence, extending to employment, housing, and relationships. Working with an experienced Asheville Expungement Lawyer may help you understand whether clearing your record is possible so you can move forward without the weight of past mistakes.

In certain circumstances, an expunction of criminal convictions from your record could be a way to move beyond this. Not every crime qualifies for expunction, but for some, this could be the answer they have been looking for.

Understanding what can be expunged from your record can be just as complicated as the process to do so. However, the knowledgeable and experienced criminal defense attorneys at Edwards Law are available for assistance. With our help, you can take the first steps in reclaiming many of the freedoms in your life that you are already entitled to.

Qualifying for Expungement

Expunction is a legal process that seeks to remove a criminal charge or conviction from a person’s criminal record. In addition, it petitions the state to seal any record of the arrest, charge, and/or conviction. However, even if an expunction is granted, your record could still be used in certain instances, such as federal immigration cases.

There are many statutes that govern expunctions and define what may qualify for the process. Some of the types of convictions and charges that could be expunged include:

• Misdemeanor convictions
• Certain gang offenses
• Various drug charges, including certain possessions or paraphernalia charges
• Nonviolent felonies for both adults and those charged while under the age of 18
• Prostitution offenses
• Identity theft
• Certain charges that were dismissed

These charges or convictions, among others, can qualify for an expunction even after several years.

Recently, North Carolina made it easier for those with multiple misdemeanor convictions to qualify. Previously, expunction was only available to first-time offenders. However, these misdemeanors must be nonviolent instances.

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What Cannot Be Expunged in Asheville, North Carolina?

Even with many charges or convictions qualifying for expunction, the list of charges that cannot be expunged is more extensive. Those that do not qualify for expunction include:

• Felonies that fall into Classes A through G
• Any crime in which a person tried to incapacitate another individual through intentional food or drink contamination
• Any felonies that involve some form of assault
• Any felony that necessitates registration on the sexual offender registry or any other state-mandated registry
• Specific sex-related crimes or instances of stalking
• Crimes that involved using a commercial vehicle in the commission of the offense
• Any offenses that involve methamphetamine or heroin
• A drug offense for possession or intention to sell that includes cocaine
• Any offense that involves driving while impaired
• Certain intimidation cases, particularly if the offense was committed while wearing a mask or included the placing of a burning cross
• Offenses that are deemed hate crimes

Expungement Process in Asheville, NC

While working with an expungement attorney to guide you through the process, you can request the expunction by following the steps below:

• Determine Eligibility: As a part of the application, you will need to supply any documents from the original case. This means obtaining certified copies of court records. If you are applying based on your age at the time of the crime, you will need to prove your age at the time it occurred. An additional element that could help, and is sometimes required, are affidavits of your good character.
• File the Petition: Once you and your attorney have gathered all the appropriate documents, reviewed them, and ensured they are ready to be filed, you will need to file the application with the clerk of the court for the county in which the arrest took place.
• Review by the North Carolina State Bureau of Investigation (NCSBI): The application will then be reviewed by the NCSBI, which will compare it to your criminal record and check that you qualify for the process.
• Judgment: From the NCSBI, your information will be sent to a prosecutor or a judge, who will review all the information submitted by both you and the NCSBI. They could then determine that you qualify and order the expunction of your record, or you could be called into court for any potential questioning.
• Removal of Records: If approved, the clerk of the court is then required to remove the records from your criminal file.

If your expunction is denied for any reason, you can work with your attorney to file an appeal.

Waiting Periods for North Carolina Criminal Expungement

Many believe that the process to expunge one’s record is easy and can begin immediately. However, depending on the level and number of offenses on your record, there are different waiting periods before you can begin the petition process.

• Single Misdemeanor: You must wait a minimum of five years from the time you were convicted. In addition, you must not have committed any other offenses during that time, excluding minor traffic offenses.
• Multiple Misdemeanors: For these to be removed from your record, you must wait a minimum of seven years. This starts at the time of the last conviction, as there cannot have been any other offenses since the last one.
• Felony Convictions: The minimum waiting time is 10 years. As with the other charges, there must have been no further offenses committed.

In 2021, North Carolina passed the Second Chance Act, which provided the specifics for removing multiple misdemeanors from your record. It also provided automatic expungements for cases that are dismissed or end with a not guilty verdict. For multiple misdemeanors, the charges must be for nonviolent crimes.

Automatic Expungement for Dismissals: Timeline and Reality

Automatic expunctions of dismissed charges under the revisions to the Second Chance Act passed in 2024 occur between 180 and 210 days after the final disposition. While this is the expected timeline, things don’t always go as planned. If you reach the 210-day mark and your record has not been automatically expunged, you should speak with a lawyer about your expungement case. You’ll need an eligibility review and to petition the court.

Youthful Offenses and Raise the Age Expunctions

There are additional means of relief for certain youthful offenders who committed their crimes while they were aged 16 or 17 before December 1, 2019. Under G.S. 15A-145.8, people can get offenses charged as adult crimes that would now be considered juvenile expunged. To be eligible under Raise the Age, you must:

• Have been 16 or 17 when you committed the offense
• Have committed the offense before December 1, 2019
• Have been convicted of a misdemeanor or a Class H or I felony
• Not have committed a DWI or any offense requiring registration as a sex offender
• Have completed any active sentence or probation
• Have no restitution orders

You’ll need to file your petition on a North Carolina Administrative Office of the Courts (NCAOC)-approved form with the clerk of the Buncombe County Superior Court. The petition must be served on the district attorney at least 30 days before any hearing, and, if requested, you can be present at that hearing.

How Background Checks Work Post-Expungement

After an expungement, you’ll no longer be required to disclose your arrest or conviction to potential landlords or employers. Private sector citizens will not be able to see the expunged record, because it will no longer come up in a background search.

It’s relevant to note that this works a little differently if you want to get work through the federal government or as a federal contractor. FBI databases don’t always follow state court rulings regarding the expungement of records. Just because your record was expunged in North Carolina, the federal government won’t necessarily delete the records or treat you as if you were not convicted of the crime.

Expunged Records Are Not Completely Erased

Expungements remain an accessible part of people’s criminal records, viewable by some government agencies, including law enforcement and the criminal courts. Your expunged record can still impact you in some legal proceedings as a result. The court can check your conviction or arrest record to determine charges or sentencing guidelines, for example, and your expunged offense will still come up.

Expungement also won’t erase all traces of your legal issues. If there was a record of your arrest or conviction published by your local newspaper, for example, expungement won’t do anything to get rid of it.

Expungements Versus Sealed Records Versus Pardons

There is some confusion surrounding the difference between expungement, record sealing, and pardons that we should take the time to clear up. While expungements clear convictions or arrests from your criminal record and background checks, record sealing only hides them from public view. Some organizations will still be able to see your record.

Expungement is also different from being pardoned. There is no forgiveness or excusing of the criminal conduct with expungement. Pardons, on the other hand, excuse the conduct and provide amnesty. Pardons remove or decrease penalties. The process for granting pardons falls under the jurisdiction of the executive branch, meaning the governor at the state level or the president at the federal level. The decision to expunge a record is made by the courts.

Why Hire an Expungement Lawyer?

Nearly one in three adults in the country has a criminal record of some sort. The state of North Carolina has an incarceration rate of 559 per 100,000 residents. The good news for both those who are currently incarcerated and those who have already returned to their lives is that North Carolina makes it possible to get most criminal records expunged after a waiting period.

If you want to increase the chance of success of your expungement application, you should hire an expungement lawyer to help you with the process. Your lawyer can help you file the paperwork correctly and attend your hearing with you to help everything go smoothly. It is still worth speaking with a lawyer who understands expungement laws if you are not certain whether you are eligible. You may be, in which case, it will have been worth the time.

FAQs

How Much Does It Cost to Get a Record Expunged in Asheville, NC?

How much it costs to get a record expunged in Asheville, NC, varies depending on factors such as whether you were convicted of the charges or your case was dismissed, what kind of fee schedule your lawyer uses, and how complex the case is. You won’t have to pay filing fees if your case was dismissed, but you’ll still have to pay legal fees if you want an Asheville expungement attorney to help you file the paperwork and complete the process.

Is Expunging Your Record Worth It?

Expunging your record is worth it if you are eligible to do so. Prior to expungement, your criminal record will show up on many background checks, which can make it difficult to get a job or find housing. If you have your record expunged, it will eliminate these issues and reduce the amount of social stigma you have to face moving forward.

What Crimes Cannot Be Expunged in North Carolina?

Crimes that cannot be expunged in North Carolina include Class A through G felonies, violent crimes, any sex crime requiring database registration, stalking, and the majority of DWI offenses. Certain other crimes involving commercial vehicles, those involving drugs like methamphetamine or heroin, and Class 1A misdemeanors may also be ineligible for expungement.

How Long Does It Take to Get a Record Expunged in Asheville, NC?

How long it takes to get a record expunged in Asheville, NC, depends on a variety of factors, including charge type, what the waiting period is, whether there’s a court backlog, whether you file the paperwork correctly, and other potential delays. The process involves a review of your application followed by a court hearing. If your forms are incorrect or your case is complex, you could create unnecessary delays.

Contact an Asheville Expungement Lawyer

Whether you were charged and acquitted, your case was dismissed, or you served your penalties for your criminal conviction, you shouldn’t have to spend the rest of your life paying for your mistakes. At Edwards Law, we believe in redemption and know that the circumstances of one moment don’t define you for a lifetime. If you are ready to live your life with the full freedoms you deserve, contact our criminal defense attorneys today.

Edwards Law, PLLC – Asheville, NC Office

38 Arlington St, Asheville,
NC 28801, United States

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