Is it possible to get a felony expunged after already having a misdemeanor expunged?

UPDATED: Sep 10, 2011

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Is it possible to get a felony expunged after already having a misdemeanor expunged?

I was convicted of a misdemeanor marijuana charge when I was 15, and got it expunged. When I was 16 I committed a felony larceny crime, but didn’t get convicted of the crime until I was 18. I am now 24, and about to graduate from college, but the felony on my record is really holding me back. I have not been in trouble since, and got off probation early due to good behavior. Is there anyway i can get the felony expunged off of my record?

Asked on September 10, 2011 under Criminal Law, North Carolina


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

Answered 11 years ago | Contributor

The laws regarding expungement differ from state to state.  Some states are really quite strict with the requirements and the details.  North Carolina is one of those states.  It is my understanding that in the state of North Carolina you are only entitled to one expungement in your lifetime.  And from the details that you have written here it seems that you used up yours already.  But do not lose heart.  North Carolina does have a clemency statute.  That is where you would ask for a Pardon for the crime upon which you were convicted. But here is the catch: it does not expunge the record.  Here is the definition in North Carolian:

Pardon - may be granted to those individuals who have maintained a good reputation in their community, following the completion of their sentence for a criminal offense.  Ordinarily, an applicant must wait to apply until at least five years have elapsed since the applicant was released from State supervision (including probation or parole).  A Pardon is merely an official statement attached to the criminal record that states that the State of North Carolina has pardoned the crime.

It is well worth your time to seek advice from someone in the North Carolina criminal community that does these things on a regular basis. It seems terrible that you have straightened out your life and want to start fresh and the law will not allow that.  Good luck to you.

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 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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