Can you have a conviction for Breaking and Entering expunged from your criminal record in North Carolina?
If you were convicted of “Breaking & Entering” in North Carolina and you were 18 or older on the date of offense then North Carolina does not allow for an expungement of your conviction.
The expungement statute is § 15A-145.5. Expunction of certain misdemeanors and felonies; no age limitation. It lists the specific crimes that are not eligible for an expungement and it rules out convictions for B&E under section (7a) An offense under G.S. 14-54(a), 14-54(a1), or 14-56.
Not allowed for Expungement under 15A-145.5
§ 14-56. Breaking or entering into or breaking out of railroad cars, motor vehicles, trailers, aircraft, boats, or other watercraft.
§ 14-54. Breaking or entering buildings generally. (a) Any person who breaks or enters any building with intent to commit any felony or larceny therein shall be punished as a Class H felon.
§ 14-54. Breaking or entering buildings generally. (a1) Any person who breaks or enters any building with intent to terrorize or injure an occupant of the building is guilty of a Class H felony.
If you have a conviction for Breaking & Entering and you were under the age of 18 at the time of offense we may be able to help but would need to do a full evaluation to determine eligibility.
If you have questions about your eligibility for a North Carolina expungement you can call The Law Offices of Wiley Nickel, PLLC at 919-585-1486 for a free consultation. We handle most of the counties in North Carolina for legal expunction work. Many people are eligible for expungements of dismissed charges and findings of “not guilty.” Even if your case is dismissed or you were found not guilty a record remains unless you petition the courts for an expungement.