Attorney Janet Reed is organizing a seminar on
Expungements and Driver’s License Restoration at the Jacksonville Department of Public Safety, North Carolina, in
cooperation with Community Organizations
At the event for Onslow, Duplin, Sampson, and Jones Counties, attorney referrals will be available for free 30-minute
consultations for those seeking to expunge criminal cases. Attorneys from other
counties may also be available for on-site consultations.
Jacksonville-based
attorney Janet Reed, in cooperation with community organizations, is offering a
seminar on March 23, 2019 at the Public Safety Building, 1pm to 3pm, on the
issue of expunction of criminal records. Lunch will be provided, as well
as door prizes, and community resources. At the event, the presenters
will explain Barriers to Reentry to Society focusing on Expunction and
Driver’s License Restoration.
One
unfortunate after-effect of even small missteps is that they stay on the record
for many years. This may prevent someone from getting a job, renting an
apartment, or even getting a home loan. In sum, having a criminal record can
haunt you for the rest of your life, even when the event was long ago and you are
a completely different person now.
The
potential solution is called “expungement” “or expunction.” In the common law legal system, an expungement proceeding is a
type of lawsuit in which someone with a criminal matter on record seeks that that
matter to be sealed. When a judge grants such an expungement, it is, for many
purposes, like the event never occurred.
Qualification for an expungement of an arrest,
investigation, detention, or conviction record is based on the law of the
jurisdiction in which the record was made. Usually, the person requesting
expungement, called “Petitioner,” must meet several requirements.
This is a
complicated area of the law, and it is advisable to at least consult with an
attorney before beginning an expungement proceeding, even if one wishes to
proceed “pro se” (meaning without an attorney).
The North Carolina Judicial Branch provides relevant information on its website at https://www.nccourts.gov/documents/forms/petition-and-order-of-expunction-under-gs-15a-1455-nonviolent-felony-or-nonviolent-misdemeanor-instructions-for-petition-and-order-of-expunction-under-gs-15a-1455-nonviolent-felony-or-nonviolent-misdemeanor, entitled “Petition And Order Of Expunction Under G.S. 15A-145.5 (Nonviolent Felony Or Nonviolent Misdemeanor); Instructions For Petition.”
The List
of required affidavits under G.S. 15A-145.5(c) includes: (1) An affidavit by
the petitioner that the petitioner has been of good moral character since the
date of conviction of the nonviolent misdemeanor or nonviolent felony and has
not been convicted of any other felony or misdemeanor, other than a traffic
violation, under the laws of the United States or the laws of this State or any
other state. (2) Verified affidavits of two persons who are not related to the
petitioner or to each other by blood or marriage, that they know the character
and reputation of the petitioner in the community in which the petitioner lives
and that the petitioner’s character and reputation are good. (3) A statement
that the petition is a motion in the cause in the case wherein the petitioner
was convicted. (4) An affidavit by the petitioner that no restitution orders or
civil judgments representing amounts ordered for restitution entered against
the petitioner are outstanding.
But the
court documents also caution that the expunction of one’s case information from
the records of the court and of other State and local government agencies does
not guarantee that the information will be expunged from all other sources.
Private companies routinely acquire copies of criminal records from State and
local criminal justice agencies. Certain private entities are required to
expunge your case information upon receiving notice of the expunction order,
but there may be a delay between entry of the order of expunction and deletion
from the entity’s records. Further, that duty to expunge does not apply to all
private entities. If a private entity distributes information about your
expunged case, contact the private entity to determine which government agency
was the source of the information, and then contact that government agency to
determine whether or not the expunction order was received.
For
further information, please contact The Law Office of Attorney Janet Pittman
Reed, Phone: (910) 381-1758, leglone@gibralter.net
About Janet Pittman
Reed
Janet
P. Reed is an attorney in Jacksonville, North Carolina, and handles Family Law
cases such as Divorce & Separation, Personal Injury, Traffic, Criminal Law,
Driver’s License Restoration Services, and Civil Litigation cases.
Website:
https://janetreedlaw.com/
Attorney
Profile: https://solomonlawguild.com/janet-p-reed
Twitter:
https://twitter.com/leglone?lang=en
Janet Pittman Reed, attorney has been licensed for more than 16 years and handles cases in Divorce & Separation. She works in Jacksonville, North Carolina, and attended University of Florida, Levin College of Law. She is admitted in North Carolina.
