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For expungement of records of conviction, the person must be a first offender not convicted of a crime of violence. "Crime of violence" includes murder, manslaughter, first degree arson, kidnapping with intent to extort, robbery, larceny from the person, first degree sexual assault, second degree sexual assault, first and second degree child molestation, assault with intent to murder, assault with intent to rob, assault with intent to commit first degree sexual assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny.
A person is eligible if in the five (5) years preceding the filing of the motion, if the conviction was for a misdemeanor, or in the ten (10) years preceding the filing of the motion if the conviction was for a felony, the petitioner has not been convicted nor arrested for any felony or misdemeanor, there are no criminal proceedings pending against the person, and he or she has exhibited good moral character.
The court must also find that petitioner's rehabilitation has been attained to the court's satisfaction and the expungement of the records of his or her conviction is consistent with the public interest. G.S. § 12-1.3-3.
Here are a few links that provide additional information on the process:
Ok. I you want to know if your sentence was deferred, you would have to contact the clerk for the court where your sentence was handed down and ask them to look at the file and tell you.
However, based on what you've told me, it doesn't sound like you received a deferred sentence, which is is a sentence that is suspended until after a defendant has completed a period of probation. If the defendant fulfills the stipulations surrounding probation, a judge may then throw out the sentence and guilty plea, clearing the incident from their record.
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