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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 24990
Experience:  Active member of the NYS bar since 1989
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I would like to ask about expongements. (I probably spelled

Customer Question

I would like to ask about expongements. (I probably spelled that wrong)
JA: What state are you in? It matters because laws vary by location.
Customer: The charges happened in NC, but I've lived in Maryland since 2010. The charges were from 1998 and 2004
JA: Has anything been filed or reported?
Customer: Yes. In 1998 assault on female. I was never convicted, nor did I hurt my wife.
JA: Anything else you want the lawyer to know before I connect you?
Customer: 2004, same thing. Wife was drunk and suicidal. I called cops top help, and I was charged again with assault on female.
Submitted: 5 months ago.
Category: Legal
Expert:  Zoey, JD replied 5 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey, JD replied 5 months ago.

Most matters in North Carolina cannot be expunged. Are you saying that these charges were dropped and you were never convicted? Or did you take a plea of some sort and got the matter dismissed at the end of the completion of your sentence?

Expert:  Zoey, JD replied 5 months ago.

If your matters were dismissed, they are expungeable. Here's the North Carolina law that authorizes the expunction:

§ 15A-146. Expunction of records when charges are dismissed or there are findings of not guilty.

(a) If any person is charged with a crime, either a misdemeanor or a felony, or was charged with an infraction under G.S. 18B-302(i) prior to December 1, 1999, and the charge is dismissed, or a finding of not guilty or not responsible is entered, that person may apply to the court of the county where the charge was brought for an order to expunge from all official records any entries relating to his apprehension or trial. The court shall hold a hearing on the application and, upon finding that the person had not previously received an expungement under this section, G.S. 15A-145, 15A-145.1, 15A-145.2, 15A-145.3, 15A-145.4, or 15A-145.5, and that the person had not previously been convicted of any felony under the laws of the United States, this State, or any other state, the court shall order the expunction. No person as to whom such an order has been entered shall be held thereafter under any provision of any law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of his failure to recite or acknowledge any expunged entries concerning apprehension or trial.

(a1) Notwithstanding subsection (a) of this section, if a person is charged with multiple offenses and all the charges are dismissed, or findings of not guilty or not responsible are made, then a person may apply to have each of those charges expunged if the offenses occurred within the same 12-month period of time or if the charges are dismissed or findings are made at the same term of court. Unless circumstances otherwise clearly provide, the phrase "term of court" shall mean one week for superior court and one day for district court. There is no requirement that the multiple offenses arise out of the same transaction or occurrence or that the multiple offenses were consolidated for judgment. The court shall hold a hearing on the application. If the court finds (i) that the person had not previously received an expungement under this subsection, or that any previous expungement received under this subsection occurred prior to October 1, 2005 and was for an offense that occurred within the same 12-month period of time, or was dismissed or findings made at the same term of court, as the offenses that are the subject of the current application, (ii) that the person had not previously received an expungement under G.S. 15A-145, 15A-145.1, 15A-145.2, 15A-145.3, 15A-145.4, or 15A-145.5, and (iii) that the person had not previously been convicted of any felony under the laws of the United States, this State, or any other state, the court shall order the expunction. No person as to whom such an order has been entered shall be held thereafter under any provision of any law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of his failure to recite or acknowledge any expunged entries concerning apprehension or trial.

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So it would appear that you could get at least one of your dismissals expunged -- both if the dismissals occurred within the same year or term of the court. As this will involve a petition to the court and a hearing, it's best to let a lawyer do it, though not strictly necessary.

If you require additional information, please post your follow up here on this question thread, and I’ll be happy to provide it.

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Expert:  Zoey, JD replied 5 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.