A criminal record can seriously hinder your prospects on various fronts including, employment, housing, and obtaining licenses. A criminal record makes it difficult for individuals to overcome personal obstacles, despite mistakes made in the past. But thankfully, individuals in North Carolina can seal or remove certain arrests, charges, or convictions via a legal process called expungement.
Employers, landlords, and other members of the general public accessing your past offenses can be mortifying, which is where expungement comes into play and prevents such occurrences. This legal process unfortunately does come with strict eligibility criteria, detailed paperwork, and court hearings which can prove to be overwhelming. Filling forms incorrectly can easily lead to denial or delays which is why consulting a skilled attorney in Franklin County, NC, can help navigate this nuanced world. An expert lawyer will evaluate your eligibility, provide guidance on the documents needed, and will assist you in each step of the expungement procedure.
What Is Expungement?
Expungement refers to a legal procedure that deletes qualifying arrests, charges, or convictions from a person’s criminal record. After being expunged, these records can no longer be retrieved by employers, landlords, and the general public, allowing individuals to access new opportunities without the weight of past offenses.
Who Qualifies for Expungement in North Carolina?
Not all criminal records can be expunged. In North Carolina, the laws concerning expungement have changed over time, making it possible for some people to clear their records with relative ease. In general, you may be eligible for expungement if:
- You were charged with a crime but were never convicted.
- Your case was dismissed, or you were found not guilty.
- You were convicted of certain non-violent misdemeanors or felonies after some time had elapsed.
- You were convicted of certain offenses which you commit under 18 or 21 years of age, depending on the charge.
A lawyer could analyze your particular case and determine whether or not you meet the expungement eligibility criteria.
How a Lawyer Can Help with Expungement
- Lawyers can assist with reviewing a customer’s criminal history so that they can determine if they are eligible for expungement under North Carolina law. With laws changing with time, a lawyer will ensure that the customer has the most relevant and correct information.
- Preparation and Submission of Required Documents – To start, one must set a court date, submit petitions, and provide legal proof. Missing paperwork complicates processes and results in denial. In this case, a lawyer files all documents properly and on time to avoid further complications.
- Court Representation – Occasionally, a request for an expungement may require a court hearing to consider the request. A trained lawyer is able to argue for someone else’s case by providing evidence that supports the request and covers contrary accusations presented by prosecution.
- Client Relationship Management – A lawyer ensures that the client will never miss a deadline to submit the necessary paperwork and follow the mandated processes. By delaying providing required legal documentation, a lawyer may drastically delay or even abolish one’s chances to be offered a favorable decision.
- Post-Expungement Follow-up – An Expungement does not guarantee the wiping away of all types of records. Sometimes files can still be located with the use of certain databases. It is during this case an attorney who specializes in expungements may help by confirming issued documents accurately confirm related records have been deleted.
Benefits of Expungement
Expungement comes with specific merits such as:
- Career advancement opportunities once more will become available.
- Better chances of being accepted into housing as a prospective tenant.
- Ability to receive filters to specific licenses, certificates, and other kinds of credentials previously restricted.
- Greater comfort knowing that past related mistakes are not haunting anymore.
Conclusion
The idea of an expungement gives hope to persons needing a second opportunity after messing up, but who have moved on and want to take control of their lives. Unfortunately, the procedure itself is quite involved and any errors in the filing may cause serious complications. An experienced attorney like SCHEURING LAW, PLLC serving Franklin County, NC would smooth the process and significantly increase chances within the region by making sure the petition is granted.
Taking the step to getting your record clean makes your move toward a fresh start that much easier. An expungement may significantly enhance your future by allowing you to get a good job, gain access to decent housing, and most importantly be of good reputation. In case you believe to be eligible, do rent an attorney, so you can map out the legal terrain, step your life to the right track, and most importantly – seize control. Remember, an expungement does allow actions to speak louder than past mistakes, use the legal options today.