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If you are charged with an underage drinking citation for…

If you are charged...

If you are charged with an underage drinking citation for the second time can you get it expunged a second time?

Lawyer's Assistant: In what state did this occur?

Nc

Lawyer's Assistant: Have you talked to a lawyer yet?

Not my lawyer. have talked to a family friend

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The ale agent forcefully grabbed me and threatened to taze me with no probable cause becasue i was just in the front of the group i was with

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Answered in 5 minutes by:
9/24/2017
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,138
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 9 months ago
ok thanks that is all i need

I've reviewed your question and I'm happy to help! Give me just a few minutes to finish typing up some information for you, thanks!

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Thanks for your patience while I typed up my response.

I'm sorry to hear this happened, and to hear that the officers were unnecessarily rough or threatening at the time of the alleged incident.

The only way you'd be able to get a second underage drinking citation expunged would be if the charge ends up being dismissed or if you go to trial and receive a not guilty verdict.

Other than that, any other outcome in your case would make it ineligible for expungement.

In order to have your case expunged in NC, it must fall into one of the following three categories:

  • A first-time, nonviolent offense committed more than 15 years ago
  • A first-time offense committed under age 18/22
  • A charge that was dismissed or disposed “not guilty”

Here's a link to a much more detailed explanation of NC expungement laws, and what does/ does not qualify:

http://www.ncjustice.org/sites/default/files/Summary%20of%20NC%20Expunctions%202017.pdf

I hope that helps!

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Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,138
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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Some additional information concerning what occurred with the officer -- if you feel that your rights were violated or that the officer acted inappropriately or even excessively rough, you can file a report with the Internal Affairs Bureau and they will conduct an investigation into that officer and what occurred, and take any measures they feel necessary to reprimand the officer or correct the situation.

Again, I'm sorry to hear that happened. Please let me know if you have any other questions.

Also, don't forget to leave a positive rating for me, 5 stars are always appreciated, thanks!

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Customer reply replied 9 months ago
OK thanks! So if the portion about the officer grabbing me does not hold up. The case can still be dismissed, correct? As long as it is dismissed i can get it expunged again?

Yes, that's correct, if it is dismissed it can be expunged again.

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If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. Best of luck to you, take care!

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