What is the law regarding expungement of misdemeanor charges?

UPDATED: Oct 1, 2022

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What is the law regarding expungement of misdemeanor charges?

I am 30 years old and cannot get a job because of mistdemeanor possession and paraphernalia marijuana charges from when I was younger. One was under the age of 18 but it still shows on a back ground check. The most recent one I received was .5 gram of marijuana on me at the age of 21 because my car smelled

like it even though it was from cigarettes. I haven’t gotten a single charge or even a ticket since then but I am permanently damaged professionally because of mistakes I made when I was younger. It’s 3 total charges, they either were thrown out, or dismissed. Nothing above 1gram and 1 small paraphernalia. I recently heard NC is allowing your record to be expunged or sealed. Is this possible for me?

Asked on March 1, 2019 under Criminal Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your state has increased the number or type of offenses you can expunged, and decreased the wait time to have them expunged. You can now have any misdemeanor or level H or I felony (a crime punished by no more than 25 months in prison maximum) expunged after 5 years (misdemanor) or 10 years (level H or I felony), except for ones involving:
* Assault
*Hate crimes
* Cocaine, heroin, or meth
* Use of a commercial (not personal) motor vehicle
* Felony reaking and entering
You cannot have any other convictions, other than expungement-eligible ones, apart from non-DWI motor vehicle tickets; if you do have other convictions--not dismissed charges; convictions--apart from ones eligible for expungement, you will be unable to expunge.
If you meet the criteria for expungement, contact a NC lawyer who specializes in or handle expungement: there's a lot of paperwork involved, and you want it done right, since a minor paperwork or procedural error can force you to start over.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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