Salisbury Expungement Attorneys

What Charges Are Eligible for Expunction?

State law allows certain arrests, charges, and convictions to be expunged if specific statutory requirements are met. Eligibility varies based on the offense, prior record, and the amount of time that has passed since the case concluded. 

Our attorneys can review your criminal history to determine which expunction laws may apply to your circumstances, verify eligibility, and prepare a petition that complies with statutory requirements. Common categories that may qualify include:

• Dismissed charges and “not guilty” verdicts. Many dismissed charges and acquittals qualify for expunction under the landmark NC Second Chance Act.
• Nonviolent misdemeanor convictions. Eligible individuals may petition to expunge qualifying nonviolent misdemeanors after mandatory waiting periods.
• First-time nonviolent felony convictions. Some lower-level felony convictions may qualify after meeting lengthy waiting periods and other criteria. 
• Offenses committed at a younger age. State law provides additional expunction opportunities for some offenses committed before age 18. 

What to Expect During the Expunction Process

Every expunction case follows its own timeline. Most petitions involve several important steps before a judge can decide whether to grant relief. We can help you prepare accurate documentation from the beginning to prevent costly mistakes and unnecessary delays.

The expunction process generally includes:

1. Reviewing your criminal record. We obtain and review your State Bureau of Investigation (SBI) record and other court records to determine if you qualify. 
2. Confirming eligibility. We evaluate the offense, waiting periods, prior convictions, and other statutory requirements before moving forward. 
3. Preparing and filing the petition. We draft the necessary documents, complete required forms, and file the petition with the appropriate court. 
4. District Attorney and agency review. The petition is reviewed by the SBI and DA, who can review or object to the request.
5. Judicial review. A judge reviews the petition. While many requests are granted without a hearing, some cases may require a court appearance.
6. Updating public records. If the petition is granted, the Clerk of Court issues an order directing agencies to purge and destroy eligible records.

Our legal team tracks deadlines, responds to procedural issues, and keeps you informed about the status of your petition throughout the process to help you avoid missteps that may complicate or delay an otherwise eligible petition.

Waiting Periods for Nonviolent Felony Expungements

North Carolina allows the expunction of some low-level, nonviolent felonies, such as Class H and I felonies. However, individuals are required to complete a waiting period before they can file a petition. The clock starts only after your sentence is fully completed, including any active prison time, probation, and post-release supervision. 

For a single nonviolent felony conviction, the standard waiting period is 10 years. You can also expunge up to three nonviolent felonies after a 20-year waiting period, but only if those offenses occurred within the same 24-month window. You must also maintain a clean criminal record during the waiting period, as a new conviction will disqualify you.

We can calculate the likely waiting period based on the date your sentence was officially completed and gather the necessary documentation to present a strong petition to the court, such as affidavits of good character.

Which Crimes Are Ineligible for Expungement? 

Not all criminal convictions can be erased from your record. Certain severe offenses are excluded from expunction eligibility to protect public safety. The following crimes are typically ineligible for expungement: 

• Sex offenses
• Violent felonies
• Class A1 misdemeanors
• Class A through G felonies
• Driving While Impaired (DWI) convictions

Even if an expungement is off the table, we can help you determine if you qualify for alternative legal remedies, such as a Certificate of Relief to restore your employment options or a civil petition to restore your firearm rights. 

Importance of Consulting with Our Expungement Lawyers

Even a single criminal charge can affect your employment, housing applications, professional licensing, and educational pursuits years after your case ends. While some dismissed charges are automatically expunged, more complex situations require a formal petition and careful compliance with statutory requirements.

Filing for an expunction under the wrong statutory provision or making a mistake on your petition can result in a denial that delays your fresh start. Our lawyers are familiar with the strict procedural rules enforced by local courts to meticulously prepare filings, handle any objections from the prosecutor, and advocate for your rights every step of the way.

Don’t let a prior conviction affect your future housing and career opportunities. Contact us online to discuss your case. Se habla español. We offer virtual and same-day consultations for your convenience.