How to expunge a misdemeanordrug charge?

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How to expunge a misdemeanordrug charge?

In 2001 I got a level 5 DWI and misdemeanor possession charge. The drug charge was dismissed (or dropped) and I was convicted of the DWI. I have no other record before or since. Is it possible (and what is the likelihood) to get the possession charge expunged?

Asked on February 7, 2011 under Criminal Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If a person is charged with a crime in North Carolina and the charge is dismissed or a finding of not guilty is entered, that person may apply to the court in the county where the charge was brought for an order to expunge from all official public records any entries related to his/her apprehension or trial, pursuant to N.C.G.S. 15A 145-146. A crime is either a misdemeanor or felony. Most traffic violations are infractions and do not qualify for Expungement. Now, it is also my understanding that you are only entitled to expungement once in a lifetime in North Carolina.  Seek some advice here before you petition the court but I think you may be ok for the possession charge.  Good luck.


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