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Trying to find a lawyer who can expunge a drug charge. 1999…

Customer Question
Trying to find a...

Trying to find a lawyer who can expunge a drug charge

Lawyer's Assistant: What were you convicted of exactly? Have all your appeals been exhausted?

1999 and i did 13 months for the crime

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

Nc

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

Just if they can help with it.I have talk to several law firms and no one is giving me a simple yes or no answer.

Submitted: 3 months ago.Category: Criminal Law
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Answered in 9 minutes by:
3/30/2018
Criminal Lawyer: Sean K, Lawyer replied 3 months ago
Sean K
Sean K, Lawyer
Category: Criminal Law
Satisfied Customers: 870
Experience: Attorney/Member in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

So North Carolina just changed the laws recently that, if your charge is eligible, then you waiting times are less than they were before. That being said, from a standpoint of the charge being in 1999, it has been long enough.

How old were you when you were charged and exactly what was the charge?

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Customer reply replied 3 months ago
i was 19 but i have spoken to several law firms and no one can give me a simple yes or no that they can help with the charger
Criminal Lawyer: Sean K, Lawyer replied 3 months ago

That is good news.

It appears that it is possible. There is a statute in NC that allows for an expungement of drug convictions if they occurred when you were under 22. That leaves me puzzled as to why they would not say they would do it.

There is a specific form that you fill out to accomplish this. The link is here. I'm not suggesting you go this alone, but the follow up to the attorneys should be based around your specifics and your understanding that this form allows it.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Criminal Lawyer: Sean K, Lawyer replied 3 months ago

The main thing would be to review the form based on your exact conviction to make sure it fits with the requirements, but the law specifically addresses it occurring under the age of 22 and the time passage. Both of which you have. If the answer is not Yes from a law firm, the followup question is given the procedure is allowed, what is the concern?

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Customer reply replied 3 months ago
because they said it was a possession of crack cocaine and its fall under this aNCGS 15A-145.5 (a) (5) excludes expunging any conviction for PWISD Cocaine. so i was wanting to know will i ever be able to get this off
Criminal Lawyer: Sean K, Lawyer replied 3 months ago

That would explain exactly why the answer was not yes. There are a list of exceptions and number 5 reads as follows, "...possession with intent to sell or deliver of sell and deliver cocaine."

Now that having been said, that does not mean all avenues are closed to you. In North Carolina you still have available to you the right to appeal to the Governor for a pardon. The process, in general, has to be in writing and set out the reason for such request. NC General Statute 147-21 covers this. It is not a guarantee, but the procedure is available, even where expungement is precluded.

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Customer reply replied 3 months ago
CAN I HIRE A LAWYER TO DO THE PARDON OR WILL I HAVE TO DO IT MYSELF.
Criminal Lawyer: Sean K, Lawyer replied 3 months ago

You absolutely could hire an attorney to do a pardon. I didn't mean to suggest that you do it yourself (nothing would prohibit you from doing that), but I believe an attorney would be a big help.

The main point I wanted to stress was that there are still options.

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Customer reply replied 3 months ago
THAT IS WHAT I WAS LOOKING FOR AND WILL THE CHARGE STILL BE ON MY RECORD IF THE PARDON IS A SUCCESS
Criminal Lawyer: Sean K, Lawyer replied 3 months ago

If a pardon is done, then it is as if it never happened. It will be gone. The reason the pardons exist is that the laws, just as with you, tie judges hands and even if they wanted to do an expungement, they can't. That means if they can't do an expungement, then a person like you who has worked hard to keep and have a clean record, is without an appeal. The pardon process gives you that option and another opportunity to show that you are deserving of having your record cleared.

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Customer reply replied 3 months ago
OK SO I JUST NEED TO HIRE A LAWYER TO DO THE PARDON.
Criminal Lawyer: Sean K, Lawyer replied 3 months ago

I believe that is the key.

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Customer reply replied 3 months ago
OK THANK USO MUCH
Criminal Lawyer: Sean K, Lawyer replied 3 months ago

It has been my pleasure to help you today. I always have a goal to help folks find options.

5 star ratings are always appreciated and you can still ask questions after rating me.

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