Upon filing a Petition and Order of Expunction a lengthy process begins, roughly between 6 to 9 months. One of the appointed Judges will handle the initial signing of the petition, at which point it is then sent to the SBI (State Bureau of Investigation) for extensive review. The SBI handles the review of a nationwide background check for prior Felony convictions, prior expungements, any case which would cause suspicion. Once the SBI has finished their portion of the process, the petition and SBI’s findings are then returned to the appointed Judge for their final ruling. The final decision on an expungement is up to the discretion of the Judge whether to grant or deny the petition. Should the Judge deny a petition, there is a thirty day window to appeal the decision before the expungement process would be required to start over again.
The expungement process can be complicated when determining what documents to use, if there is a fee involved, and most importantly, if an individual is qualified. In order to determine if you are eligible for an expungement, contact The Law Offices of Wiley Nickel, PLLC at (919) 585-1486. Our office handles expungements in all 100 of North Carolina's counties and would be happy to speak with you.