A new bill moving through the North Carolina legislature would allow people with a misdemeanor conviction to petition the courts after only five years for an expungement and only ten years for certain low-level felony convictions. The current law is a fifteen year wait for those who are eligible. So if you have just one misdemeanor conviction or one low-level felony on your record, you could be eligible for a North Carolina expungement of your charges as soon as December of 2015 if the bill becomes law.
Misdemeanor North Carolina Convictions Could Be Expunged Only Five Years After The Date of Conviction!
As an example, if you have a DWI conviction or a misdemeanor larceny conviction on your record you may be able to have the conviction expunged – erasing all records from the crime as early as five years after the date of conviction. For those with a misdemeanor drug charge that they received over the age of 21 that five year rule could be extremely beneficial!
Low-Level North Carolina Felony Convictions Could Be Expunged Only Ten Years After The Date of Conviction!
As an example if you have an embezzlement conviction, certain low-level felony drug convictions or a felony larceny conviction on your record you may be able to have the conviction expunged – erasing all records from the crime as early as ten years after the date of conviction. For those with an obtaining property by false pretense conviction that new ten year rule could be extremely beneficial!
What is the New Law Moving Through The North Carolina General Assembly?
Senate Bill 362 would amend G.S. 15A-145.5(c) to allow non-violent misdemeanor convictions to be expunged after only five years (down from the current 15 years). It would also allow non-violent low-level felony convictions to be expunged after only ten years (down from the current 15 years). The bill would also amend G.S. 15A-146 to allow for an expungement of multiple dismissed cases. Currently the general rule is that you can only expunge a dismissed cases within a 12 month period. If this bill passes, you could expunge more than one dismissed case from different years. So if you had a dismissed larceny charge from 2010 and a dismissed marijuana possession charge from 2006 you could possibly have both expunged instead of just picking one for expunction. If the bill passes both houses of the Legislature and is signed by the Governor then the changes would go into effect on December 1, 2015
Will This New Law Allow Me To Get An Expungement?
Call The Law Offices of Wiley Nickel for a free consultation at 919-585-1486. Our North Carolina expungement lawyers will talk to you about your options and walk you through the process. We can help you determine if you are eligible for an expungement. If the bill passes there will be large delays in processing expungements with the massive amount of new petitions – our office will work with you ahead of time to make sure everything is finished so yours can be among the first petitions to be filed on December 1st of 2015. If the law would help we will put you on a list and inform you if Senate Bill 362 becomes law.