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HOW TO EXPUNGE A CONVICTION (and other miracles)

EXPUNGING CONVICTIONS


Yes, you can make convictions vanish off the public record like Mrs. Weasley destroying the evil Bellatrix Lestrange at the end of the Harry Potter series, and it requires just as much wizardry.


First, you have to wait the required amount of time. Second, the convictions must be for NON-VIOLENT crimes (see below). If that sounds simple, keep reading.


WAITING PERIODS:


1 NON-VIOLENT MISDEMEANOR = 5 YEARS

To expunge one misdemeanor conviction (or several handled all on the same day in the same court), you have to wait FIVE (5) YEARS from either the date of the conviction OR the date when any active sentence or probationary period or post-release supervision ended, whichever is later.


Example: you get convicted on January 1, 2022 and are ordered to do 12 months of probation. You are eligible to expunge the conviction 5 years after the probation ends, or January 1, 2028 (January 1, 2022 + 12 months probation = January 1, 2023 + 5 year waiting period = January 1, 2028).


2+ NON-VIOLENT MISDEMEANORS = 7 YEARS

To expunge more than one misdemeanor conviction, you have to wait SEVEN YEARS after the date of your most recent conviction, or seven years from the end of any active sentence, probationary period, or post-release supervision, whichever is later. So if you’re expunging a 2020 conviction and a 2022 conviction, the earliest you could expunge them both is 2029, or 7 years after the date of the most recent one (notwithstanding any active time, probation, etc).


1 NON-VIOLENT FELONY = 10 YEARS

To expunge one non-violent felony, you have to wait TEN YEARS from the date of conviction, or the end of any active sentence, probationary period, or post-release supervision, whichever is later.


2-3 NON-VIOLENT FELONIES = 20 YEARS

To expunge up to 3 non-violent felonies, you have to wait TWENTY YEARS from the date of the most recent conviction listed on the expungement conviction, OR 20 years after any active sentence, probationary period, or post-release supervision period ends, whichever is later.



NON-VIOLENT MISDEMEANORS & FELONIES are NOT: (NCGS 14-145.5)


You CANNOT, ever, for any reason expunge a conviction for a crime listed below, not even with an unforgivable curse and the Elder Wand.


1. A Class A-G felony (Check out this List)

2. A Class A1 misdemeanor (Ex: assault on government official, assault on a female, domestic violence protective order violation, assault on child under 12; assault on school employee, assault with a deadly weapon, assault inflicting serious injury, assault by pointing a gun)

3. Any offense where assault is an essential element of the offense

4. Any offense requiring registration on the sex-offender registry (See NCGS 14-208.6 (1m), (4) and (5))

5. Drug offenses involving heroin, methamphetamines, or possession with intent to sell or deliver cocaine

6. Placing a burning cross on the property of another or on a public street or highway (See NCGS 14-12.12(B))

7. Placing an exhibit for the purpose of intimidating others (See NCGS 14-12.13))

8. Placing an exhibit while masked for the purpose of intimidating others (See NCGS 14-12.14))

9. Any Class 2 misdemeanor committed because of a victim’s race, color, religion, nationality, or country of origin and is therefore punished as a Class 1 misdemeanor under NCGS 14-3(c)

10. Drugging someone’s food or drink under NCGS 14-401.16

11. Felony breaking & entering and felony breaking & entering to terrorize (NCGS 14-54(a) and 14-54(a1))

12. Any felony in which a commercial vehicle was used in the commission of the crime

13. Statutory rape of a child aged 12-14 (NCGS 12-27.25(b))

14. Statutory sexual act with a child aged 12-14 (NCGS 14-27.30(b))

15. Dissemination of obscene materials to a minor (NCGS 14-190.7) and (NCGS 14-190.8)

16. Indecent exposure (NCGS 14-190.9)

17. Secretly peeping into the room of another (NCGS 14-202)

18. Failing to report non-compliance of a sex offender (NCGS 14-208.11A)

19. Being a sex offender unlawfully on prohibited premises (NCGS 14-208.18)

20. Stalking (NCGS 14-277.3A)

21. Babysitting provided by or at home of sex offender (NCGS 14-321.1)

22. Any attempts to commit the crimes listed

23. Impaired driving offenses


OTHER REQUIREMENTS

Expunging convictions also requires:

1. A sworn affidavit by you saying you are of good moral character and have not been convicted of any crime in any state (other than traffic violations) in the relevant time period

2. Sworn affidavits of 2 other people not related to you saying that your character and reputation are good

3. An affidavit by you saying no restitution orders or civil judgements representing restitution are outstanding

4. An affidavit by you regarding any other petitions you have submitted or intend to submit in other counties

5. An acknowledgement by you saying an expungement of one eligible conviction prior to the applicable 7 or 20 year waiting period will preclude expungements of subsequent eligible convictions

6. A hearing in front of a judge to determine that all requirements have been met

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