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xavierjd, Lawyer
Category: Criminal Law
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Experience:  Over 20 yrs experience in prosecution and defense work
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i received a dwi in yadkin county nc about 4 years ago after

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i received a dwi in yadkin county nc about 4 years ago after being called for a ride home from my 12 year old daughter. I was also charged by the state patrol officer- misdemeanor child abuse, which was voluntarily disissed by the judge. It still appears on my record as being voluntarily dismissed. Can I get this removed/expunged from my record?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  xavierjd replied 2 years ago.
Thanks for using Pearl.com. It will be my pleasure to assist you today.

Does the voluntary dismissal appear in the disposition area of your record?

Thanks
Customer: replied 2 years ago.


yes

Expert:  xavierjd replied 2 years ago.
Thanks for the information.

I want to look up a couple of things. I'll be back with you shortly--hopefully approximately 15 or 20 minutes--but hopefully less!

Thanks for your patience.
Expert:  xavierjd replied 2 years ago.
Thanks again, for your patience.

The answer to your question is "yes." You can have the child abuse dismissal expunged.

N.C. Gen. Stat. 15A-146 entitles a person to the expungement of charges that were either dismissed or for which there were findings of not guilty entered. The person cannot have any felony convictions on their record, either before or since the charge that the petitioner is attempting to expunge. The statute does NOT allow expungement if the person has previously been granted an expungement under 15A-145, 15A-145.1, 15A-145.2, 15A-145.3, or 15A-146. There are no filing fees assessed for filing a petition for an expungement under 15A-146.

 

To get the expungement, you must prepare expunction form AOC-CR-237 Form; consult your court records and be sure to check the box indicating the statute that applies in your case. Complete form totally. Make sure to sign where indicated.

By consulting your court records, that means that you must go to the court in which you were charged and ask to see your court file. The statute that applies to the dismissal in your case should be on the Disposition or Order dismissing the charge. You can ask the court clerk if you need assistance finding the correct paperwork/statute that dismissed the charge.

Below is a link to form AOC-CR-237. Again, this form MUST be filled out COMPLETELY and signed.

http://forms.lp.findlaw.com/form/courtforms/state/nc/nc000544.pdf

Next, go to the office of county clerk in the county where the offense occurred. Request the clerk to have a judge sign bottom right corner of AOC-CR-237 on first page. Also ask the clerk to forward AOC-CR-237 to the SBI, Criminal Information & Identification Section of Expungement Unit. Make sure to keep a copy of the petition for your records.
Then, await judgment of court. Upon receipt of the Petition for Expungement, North Carolina SBI will check criminal history records, then forward petition to the administrative officer of the court. The presiding judge in the county involved reviews information gathered and provided by the SBI and the administrative officer before either granting or denying the expungement order.

You do have the option of trying to try to expunge the charge yourself, but it is not always recommended because there is a lot at risk when trying to clean your record and a mistake could be very costly. Therefore, you may wish to consult an attorney who specializes in criminal law in the county in which you were charged. An initial consultation is usually at a minimal cost. You can discuss the specific facts of your case, even show him/her your paperwork before it is filed, and decide how to proceed. It is possible that a hearing may be held before the judge grants/denies your Petition.

Below is a link to the North Carolina Bar Association Attorney Referral Page.

http://www.ncbar.org/public-pro-bono/lawyer-referral-service.aspx

Good luck.

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Thanks




xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 2 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.

thank you for your help


jeff

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