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Criminal Lawyer
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Experience:  New York Attorney
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My son is now 34 years of age. At age 27, he was arrested for

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My son is now 34 years of age. At age 27, he was arrested for having a small amount of pot on his land. Although no drugs were found in his home, they found one leaf and he was charged with possession and intent to sell. He has never been in trouble for anything else, and he pled guilty because he could not afford a lawyer and took the public offender. He spent one night in jail, completed his probation and completed all of his required drug classes. He was on probation for over a year and paid all of his fees on time and was at all of his meetings without fail. He was living in a mobile home that I owned, and when the police asked to enter and search, I told them yes, but there was no warrant. Later, I was told that I should not have allowed the police to enter the home since my son was paying rent and I had no right to do so. That was not allowed to be brought up at his hearing. My son was not at home at the time. We own the land the mobile home is on and my son paid rent. When we paid off the home, we gave him the deed for the mobile home. Since then, he has done so well, he has a good paying job as a welder, supports his family, has been in no trouble, is in church and has married a nurse. he is no longer in contact with any of his former friends. They have a good life, with no outstanding debts. Our question is, can he get his record cleared? Is there something we can do to get this one offense taken off his record. He is an avid sportsman and would like to be able to go hunting with his son, but he knows the laws about weapons and has not broken that law. We would love to see him be able to at least hunt with his son. We are financially stable enough to pay a lawyer to handle anything that needs to be done. is there any legal avenue that we can take to get his record expunged?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Criminal Lawyer replied 1 year ago.

Good Day ,

I am a US Attorney and I'll be answering your question today

I will need some information in order to answer your question. Was he convicted of misdemeanor or a felony and what class ? How long ago is the incident now ?

Bob

Customer: replied 1 year ago.


It was considered a class one felony, The incident was 7 years ago. The exact date was 9/02/2005. He had no prior convictions of anything other than something with a fishing license and improper bait at a state park and an incident with a spotlighting deer incident when he was 16.

Expert:  Criminal Lawyer replied 1 year ago.

Thank You for your patience.

North Carolina has not allowed the expungement of criminal records for felons in the past, there were some limited exceptions for convicted juveniles.

However, the good news is that the North Carolina General assembly has promulgated a new expungement law for low level felonies such as your son's class 1 felony.

The new legislation states that convicted felons may apply for expungement after 15 years from the date of completion of their sentence/probation.

These applications are filed with the Superior Court in the county where the prosecution/arrest took place. In the mean time he may apply for a Certificate of Good Conduct .

JUST A REMINDER, this is an HONOR SYSTEM in which the customer rates the service GOOD/EXCELLENT and leaves a BONUS/TIP for a service received.

Thank You

Bob

Criminal Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 450
Experience: New York Attorney
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