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Can I get a 2005 felony conviction expunged with a 1994

Customer Question
Can I get a...

Can I get a 2005 felony conviction expunged with a 1994 misdemeanor conviction in NC

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

NC. Misrepresentation Food Stamp principle Class H felony

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

No

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

I would like to know how many charges I can have expunged in NC ?

Submitted: 5 months ago.Category: Criminal Law
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Answered in 2 minutes by:
11/14/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 5 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,067
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 5 months ago

Class H felony matters and many kinds of non-violent misdemeanors can be expunged in North Carolina. A felony expungement requires a 10-year waiting period. That time is measured from the completion of your sentence. Misdemeanors have a 5-year waiting period. However, one requirement of expungement is that you have no other convictions, excluding traffic cases.

So unfortunately, you are not eligible for an expungement.

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

The first would be to apply for a pardon from the governor. That would not erase the record but would display your conviction as having been pardoned, which is official proof from the state's highest ranking official that you have turned your life around. Pardons are free. And no lawyer is necessary to apply, so you've got nothing to lose by filling out the form and giving it a try. You 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 is to pay a lawyer (don't try to do this one without one) and to have him petition to reopen your 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. The fact that this incident occurred with your own property could be evidence that an injustice may have taken place.

You could likely 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 you pay a couple of thousand dollars to a lawyer to try to get this done. You could have the consultation over the phone if coming into NC from California presented a hardship.

I am very sorry not to have any better news for you.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor 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.

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