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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
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Experience:  25 years experience practicing attorney
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In N.C. can a felony be expunged from your record?

Customer Question

In N.C. can a felony be expunged from your record?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 2 years ago.

Dear JACUSTOMER - No it cannot. NC has no law providing for expungement unlike most other states so the only way you can get the felony off of your record is to apply to the Governor of the state for a pardon. You would have to do this in writing and I have supplied the website below for your convenience.

http://www.governor.state.nc.us/

Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27687
Experience: 25 years experience practicing attorney
Dave Kennett and 4 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
After talking to the governon'r office I find that the governor can only issue a pardon. I will proceed along those lines.
Expert:  Dave Kennett replied 2 years ago.
Yes, that's what I said, you will have to try for a Governor's pardon.
Customer: replied 2 years ago.
There is more to this than this answer reveals. I did my own research and find that the answer is inadequate. I would appreciate a refund of my $15.
Customer: replied 2 years ago.

I understand that there may have been a law passed within the last couple of years that does allow for expungment under certain circumstances. I'm not certain about this, but I would like more information.

Expert:  Dave Kennett replied 2 years ago.
I have no way of obtaining information on laws that may be passed. You would have to talk to your local legislator for that information. All I can look at are laws that are already on the books. The question would be whether any new law would be retroactive or just apply to future crimes but until something is passed there's simply nothing you can do. My answer is correct but if you want a refund I'll let JA know.
Customer: replied 2 years ago.
Please re-read my response carefully.
Expert:  Law Educator, Esq. replied 2 years ago.
I am sorry, your previous expert has opted out, but there are two limited cases where a felony or misdemeanor conviction can be expunged under NC law pursuant to NC Gen. Statutes 15A-145. According to the NC law if you had only 1 conviction for a felony or misdemeanor and that occurred between when you were 18 and 21 you could apply for an expungement 2 years from completion of your sentence. The second situation is where at least 15 years have elapsed from the completion of sentence on a MISDEMEANOR conviction and there are no other convictions (which does not apply to your felony conviction). See: NCGS 15A-145


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Customer: replied 2 years ago.
I am sorry, your previous expert has opted out, WHAT A SURPRISE. but there are two limited cases where a felony or misdemeanor conviction can be expunged under NC law pursuant to NC Gen. Statutes 15A-145. According to the NC law if you had only 1 conviction for a felony or misdemeanor and that occurred between when you were 18 and 21 you could apply for an expungement 2 years from completion of your sentence.

Does it have to be two years or can it be longer? If the felony occurred 15 years ago is there still the possibility of expungment? What would I do to pursue this process?
Expert:  Law Educator, Esq. replied 2 years ago.
I am sorry, but I will not work with anyone who cannot be professional and courteous, if you can be professional and courteous I would be glad to continue assisting you.

It may be longer than 2 years, it just cannot be less than 2 years and you had to be between the ages of 18-21 when the conviction occurred. If you were between 18-21 when you were convicted, then even if it has been 20 years, you could apply for an expungement under that statute.
Customer: replied 2 years ago.
I do not understand your comment about professional and courteous. Where did I go astray?

If anything the previous person I worked with was lacking those very qualities--misreading my question then opting out without a response.

Thank you for your research and thoroughness. I feel as though my question has been answered.
Expert:  Law Educator, Esq. replied 2 years ago.
I understand, but we did not need the editorial commentary "what a surprise," and no offense to you was intended in my reminding you to keep it professional and courteous.

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Dave Kennett
Dave Kennett
Criminal Lawyer
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25 years experience practicing attorney