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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 99428
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was charged with a misdemeaner larceny in Lexington NC in

Customer Question

I was charged with a misdemeaner larceny in Lexington NC in November of 2008. Since that time I have lost my family and friends and have had to move to Florida to try and start over. I was wondering if it could be expunged so that I can get a job and a nice home for myself and my grandsons. I have never had anything not even as much as a speeding ticket in 48 years until this in 2008. Can you let me know if I can file for expungement or not. I really need to get my life back after 8 years.
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Did you receive a conviction for this charge, or not?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 2 months ago.
I was convicted on misdemeanor only
Expert:  Ely replied 2 months ago.

Thank you. What was the conviction for? In other words, what was the charge, exactly?

Customer: replied 2 months ago.
it was larceny. I had signed a return that the money was not returned to the customer but i did not have it. They looked through my checking account, home and everything but nothing because I didnt have it. But because it was Lowes Home Improvement Company all they had was my signature and log in
Expert:  Ely replied 2 months ago.

Thank you.

If you received a conviction, then under N.C. Gen. Stat. 15A-145.5, a person in NC is allowed one expunction of a non-violent misdemeanor. See HERE. Larceny used to have its own statute that made you wait 15 years. That has since been voided, and one simply has to qualify under N.C. Gen. Stat. 15A-145.5 (see bottom of the page in the link). So arguably, someone in your situation can request an expunction.

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