Can a person who commits a felony while under the age of 21 but is not sentenced until after he turns 21 get their record expunged in the state of North Carolina? Felony was breaking and entering and DUI in 2003.
State/Country relating to question: North Carolina
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today.Unfortunately, North Carolina law does not provide for expungement in this situation. An adult who is charged with a crime can only have his records expunged if the charges are dismissed, he is found to be not guilty, or the conviction is overturned on appeal. N.C. Gen. Statutes, Section 15A-146. The law that you're referring to, for minor convictions, only applies to a person who was under the age of 18 at the time of conviction, and only if the crime was a misdemeanor. Section 15A-145.I understand that you may be disappointed by this Answer, as it is not entirely favorable to your situation. Had I been able to provide you with better news, I would have been happy to do so. I work hard to provide you with the correct Answer under the law, and because I have no control over what the law is, I ask you not to hold it against me. It has been my pleasure to assist you, and it would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having answered your Question. Thank you in advance.Best of luck,
Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).