Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 8 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 2 minutes by:
11/14/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,318
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

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.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 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.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 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.

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,318
31,318 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,153 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,984 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,638 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,255 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
I am trying to see if there is a way to get an expungement
I am trying to see if there is a way to get an expungement in NC - class H felony. It has been five years since the case was closed. no jail time, just probation to pay off debt. … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,984 satisfied customers
How do someone get an expungement in NC? It has been 14
How do someone get an expungement in NC? It has been 14 years since my last crime, and I would like to get my record expunged. Not sure where to start.… read more
Colleen Grady
Colleen Grady
Assistant Principal
Juris Doctor
405 satisfied customers
I have a record felony at 16 in 1994 and was released in
I have a record felony at 16 for robbery in 1994 and was released in 2002. in 2005 I was caught with a possession of controlled substances. how can I expunged theses records as it is continuing to aff… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
My niece in 2005 was convicted of selling marijuana in the
My niece in 2005 was convicted of selling marijuana in the State of Tennessee. Most charges were dismissed or diverted into pretrial/judicial diversion. She pled guilty to violating TCA Code 39-17-417… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
31,318 satisfied customers
I have 3 shoplifting convictions on my background report from
I have 3 shoplifting convictions on my background report from several years ago. I really need to get a job and find a decent apt. to live in and everyone turns me down due to these convicitons. I hav… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
Can H&S code sec. 11350a in California be reduced to a misdemeanor. The case goes bac
Can H&S code sec. 11350a in California be reduced to a misdemeanor. The case goes back to 1994. There was no jail time unsupervised probation and $100 restitution. Probation was terminated and case di… read more
MyraB
MyraB
Attorney at Law
JD
367 satisfied customers
What class felony would it be for being charged with Obtaining
What class felony would it be for being charged with Obtaining Funds By False Pretence? The total funds amounted to $13,000.00. This crime was done in North Carolina.… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,638 satisfied customers
In Mecklenburg County, NC how does someone go about getting
In Mecklenburg County, NC how does someone go about getting a misdeamenor crimes against nature conviction from over 15yrs ago esponged if they have not been in trouble since?… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,638 satisfied customers
My 17 year old daughter was arrested and charged with a felony
My 17 year old daughter was arrested and charged with a felony of stealing $300 worth of merchandise from her employer (KMart). She gave a full confession to the store manager and LP in a 4 page writt… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
how to get felonies off of your records ,job related.I have a mansluaghter charge in 1990
how to get felonies off of your records ,job related.I have a mansluaghter charge in 1990 and had some previous charges.2009 had some other charges sex charges but was dimissed those where felonies,.I… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My son was under 25 at the tim he was convicted for a felony
My son was under 25 at the tim he was convicted for a felony in Wisconsin. It was drug related,but after he was convicted it was stated that the felony could be expunged. He has compleated his probati… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
I was convicted of fraudulent use of an access device in 1994.
I was convicted of fraudulent use of an access device in 1994. I paid restitution and did 4 years probation. Is there any way to have this record expunged or removed since it was so long ago?… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
31,318 satisfied customers
I am bein investgated for section 8 , welfare and Irs fraud.
I am bein investgated for section 8 , welfare and Irs fraud. Someone told section 8 & Illinois Depat of HHS that I am married and comitted application fraud by applin as asingle person. Can I be sent … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Can a DUI misdemeanor charge from 10 years ago be expunged
Can a DUI misdemeanor charge from 10 years ago be expunged from a record? (1st and only offense). Does it have to be reported to potential employers or applications after so many years?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
My son was charged with a felony in June 2008(possession of
My son was charged with a felony in June 2008(possession of cocaine) and I would like to know how to get this off record or reduced.First time felony so is there a way to get this done.Thank you… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I was convicted of a felony in 2002, off probation since 2005,
I was convicted of a felony in 2002, off probation since 2005, want to know how to restore my rights, I am a Virginia resident convicted in Nc? any help… read more
Allen M., Esq.
Allen M., Esq.
Officer and former adjunct prof.
Juris Doctor, Cum Laude
20,529 satisfied customers
if you have been convicted of a misdemeanor under statute 14--306.1
if you have been convicted of a misdemeanor under statute 14--306.1 of nc law, then arrested for the same charge in 2009 can you be charged with a felony… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
i was convicted of embellzement (felony) is there any way
i was convicted of embellzement (felony) is there any way I can get it expunged and can a convicted felon become a teacher in the state of n.c.… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x