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wallstreetesq
wallstreetesq, Lawyer
Category: Criminal Law
Satisfied Customers: 17252
Experience:  10 years Experience, have tried several high profile felony cases and misdemeanors
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felony B&E and cruelty to an animal at age 16. No recorde before

Customer Question

felony B&E and cruelty to an animal at age 16. No recorde before or since. Am 29 now. Can it be expunged?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  wallstreetesq replied 7 years ago.
Any person who has attained the age of 18 years may file a petition in the court where the person was adjudicated delinquent or undisciplined for expunction of all records of that adjudication provided:
NC law states specifically that if the offense for which the person was adjudicated would have been a crime other than a Class A, B1, B2, C, D, or E felony if committed by an adult. You will not be able to apply, I would suggest applying, as a B and E felony for animal cruelty may have been given to you since you were a minor and as an adult it may have been a lower charge.

 

You may be eligible for expungement if:

  • Charges against you are dismissed or you are found not guilty, or
  • Another person was arrested or charged using your name or identification (identity theft), or
  • You are at least 18 years old and wish to expunge juvenile court records (unless a serious offense was involved), or
  • You are a first-time offender no older than 21 who was charged with a minor drug possession offense.

Customer: replied 7 years ago.

You said, "You will not be able to apply, I would suggest applying, as a B and E felony for animal cruelty may have been given to you since you were a minor and as an adult it may have been ad lower charge."

 

This seems contradictory. First you state "you will not be able to apply" and then go on to apparently describe a strategy for reapplying. Please clarify.

Expert:  wallstreetesq replied 7 years ago.
the way the law is stated a B AND E felony would disqualify you, however it does state "if it would have been a crime other than a Class A, B1, B2, C, D, or E felony if committed by an adult." Your conviction could be argued would not have been a B OR E FELONY if committed by an Adult, that is a loop hole you could try to argue, but the NC law on its face does not let you apply. I am just stating their may be a loop hole.
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