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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can you have a felony removed from your record if you live

Resolved Question:

Can you have a felony removed from your record if you live in North carolina? I am 37yr old now---it happen when I was 19 yrs old. Have not been in trouble since.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.

States are very strict about what criminal records they will erase. They want convictions to stick and in general, I'm sure you understand why that makes sense.

 

In North Carolina Pursuant to N.C.G.S. 15A 145-146 a person may be eligible for expungement if:

  • Charges against you are dismissed or you are found not guilty, or
  • Another person was arrested or charged using your name or identification (identity theft), or
  • You are at least 18 years old and wish to expunge juvenile court records (unless a serious offense was involved), or
  • You are a first-time offender no older than 21 who was charged with a minor drug possession offense.
If you don't meet any of these categories, your felony would not be removed from your record BUT states do recognize that these harsh expungment laws can be unfair to those who have learned from their mistakes and turned their lives around. In North Carolina, there is an office of Executive Clemency through which those people not eligible for a regular expungement can apply for a pardon from the governor. The details about this and the application forms can be found here You can do this for yourself, but there are expungement lawyers who specialize in this and it might be worth going through one of them You should contact your State or County Bar Association for a referral. Some lawyers offer free consultations and an experienced expungement attorney could give you a more informed opinion about your chances of success than anyone could do here.

Good luck!

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15909
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
My drug charge was possession schedule 1.. had never been on probation or anything was sent to prison for 2 yrs. served 4 1/2 months. My parole officer couldn't understand how I was sentenced considering I never had probation ...Do you think it is possible to be removed or should I try a pardon?
Expert:  Zoey_ JD replied 5 years ago.
A felony in general is not a minor crime. My instinct would be to go for the pardon.

Note, however, that a pardon will not erase your record. The conviction will still be found on a background check, but it will display as having been pardoned. It's not quite as good as an expungement but still may be enough to allow anyone looking into your background to understand that you have learned from the mistake you made when you were so much younger.

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15909
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and other Criminal Law Specialists are ready to help you

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