North
Carolina attorney Janet Reed provides an overview on expunction in North
Carolina
Expunction,
also known as expungement in other jurisdictions, can be a powerful tool to
assist those seeking a fresh start.
Attorney
Janet Reed, based in North Carolina, has published an overview of expunction.
The complete article will be published on her Blog at https://janetreedesq.blogspot.com/
Note: Detailed discussion of expunction and specific procedure is beyond the
scope of this overview and those interested are encouraged to discuss the
specifics with a qualified attorney.
Expunction
refers to a process by which a court orders provides that a person’s record of
a prior proceeding is deleted from the public record. It is important to note that there may be
limitations to the effects of expunction.
Although an expunction order may extend to certain private entities, not
all private entities are subject to the expunction order.
Expunction
in North Carolina is generally a creature of statute and must be specifically
authorized by statute. There are four
broad categories of expunctions in North Carolina: (1) convictions or other
matters based on age of the person at the time of the offense or age of the
offense; (2) dispositions that do not constitute a conviction, such as
dismissals or diversions; (3) drug offense; and (4) specific offenses
identified by the General Assembly where defendant’s culpability may be
lessened or otherwise warrant relief.
Each category is governed by a different statute and may have
requirements specific to the category.
One
important note for petitioners as well as practitioners is that if a person is
seeking more than one expunction, order of obtaining the expunctions may still
matter. Legislative amendment in 2017
has largely done away with the importance of the order, but expunction under
some categories still requires that the petitioner has not previously obtained
other types of expunctions. Thus, for
individuals seeking multiple expunctions, it is critical to work with a
qualified attorney to ensure that there is no issue regarding order of the
expunctions.
As
previously mentioned, each type of expunction is governed by a separate statute
and must meet the requirements of those statutes. There are, however, still general
commonalities among expunctions. The
person seeking the expunction must file a petition seeking expunction with the
appropriate court showing that they meet the requirements of the relevant
statute. Only in very limited
circumstances do the statute provide for automatic expunction.
Generally,
expunction is mandatory rather than discretionary. Therefore, once a court determines that the
requirements of the statute has been met, expunction is typically
required. Most petitions are filed in
the place of conviction, but proper venue is determined by statute and again
requires consultation with a qualified attorney. Typically, expunction process requires the
petitioner to consent to record checks.
While most expunction petitions require a fee, courts are authorized to
allow petitioners to proceed as indigent person.
Expunction
can be a powerful tool to assist those seeking a fresh start. Individuals interested in expunction should
consult with a qualified attorney to navigate the process, advises Ms. Reed.
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 since 1997 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.
