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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23586
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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WHEN MY SON WAS 21 THE COPS GAVE S ROOM MATE THE MONEY TO GO

Customer Question

WHEN MY SON WAS 21 THE COPS GAVE HIS ROOM MATE THE MONEY TO
GO PURCHASE 6 OZ OF COCAINE AND THEY WERE WAITING FOR HIM WHEN
HE STEPPED OFF THE PLANE.THIS WAS IN NC AND HE PLEAD GUILTY AND
WAS PUT ON PROBATION THIS WAS HIS FIRST OFFENSE AND HE HAS NEVER BEEN IN TROUBLE SINCE AND THAT WAS 25 YEARS AGO IS THERE ANYTHING HE CAN DO ABOUT HIS RECORD NOW
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.

Hello,

Unfortunately, North Carolina is not very generous about what they remove from a record. They will expunge only certain types of first arrests for offenders under 21. Other adult convictions are not expungeable.

That doesn't mean your son can't do anything at all about his record. I can offer you two other possibilities to clean that record:

The first would be to apply for a pardon from the governor. That would not erase the record but would display his conviction as having been pardoned, which is official proof from the state's highest ranking official that he has turned his life around. Pardons are free. And no lawyer is necessary to apply, so he's got nothing to lose by filling out the form and giving it a try. Additionally, if he has not been in any further trouble for 25 years, he'll be a better candidate than most applicants. He can get the forms for this directly from the North Carolina Office of Executive Clemency.

http://www.doc.state.nc.us/clemency/pardons.htm

The second option would be for him to pay a lawyer to have him petition to reopen his case with a view to getting it dismissed in the interest of justice. Judges have the power to dismiss a case under their powers of equity, even where the law does not provide for a dismissal. They are very cautious and sparing in their use of this power, and some will refuse to entertain a petition on these grounds at all. But they will do it to prevent an injustice.

He could probably find some North Carolina criminal lawyers who give free or low cost first consultations to get a sense of how likely this would be to work before he pays a couple of thousand dollars to a lawyer to try to get this done.

Good luck, and best wishes to you and yours for the holiday season.