Big changes are coming to North Carolina's Expungement Laws!
Seagroves Legal is excited to share that revisions and additions to North Carolina’s expungement laws will enable even more people the ability to expunge past convictions from their criminal background history. The latest legislation is the Second Chance Act and as a firm that is all about second chances, this is great news! Most changes will take effect December 1, 2020. Expungements can clean up your criminal history and restore your firearm rights. So lets talk about the new expungement laws that are coming!
Second Chance Act and Past Convictions
Under the new laws, multiple convictions can be expunged, which is a big improvement over our current law which only allows one prior conviction. However, felony convictions are still limited. Keep reading to find out more!
There will be three groups essentially:
- Group 1 – Single Misdemeanors. After a 5 year waiting period, a person may expunge a single nonviolent misdemeanor conviction.
- Group 2 – Multiple Misdemeanors. After a 7 year waiting period from the latest conviction, a person may expunge multiple nonviolent misdemeanor convictions.
- Group 3 – Felonies. After a ten year waiting period, a person may apply to expunge a single nonviolent felony.
When Does the Waiting Period Begin?
In any of the three categories, the waiting period starts once your sentence is completed, if one was imposed (including any period of parole), or the period of probation is ended. This includes unsupervised probation.
What Makes the New Laws So Much Better?
The most momentous change with the new law is the ability for Group 2 above — people with multiple convictions can get their records expunged after the required waiting period. So it is possible for some people to clear their entire record! An experienced expungement firm like Seagroves Legal can discuss how the new law applies to you and can help you take advantage of its new opportunities to help you move forward.
Additionally, for those convicted of felonies, the new law will not bar you from expunging a felony even if you have other prior convictions. You still cannot expunge more than one felony, and it still must be nonviolent, but this is a very big deal too. Many people were disqualified from receiving an expungement solely due to the fact that they had a minor misdemeanor on their record as well. Under the new laws coming soon, this will no longer matter!
There Are Still Some Limits with the New Laws, but Contact Us to Check Your Eligibility!
Some exclusions prohibit certain types of convictions from being expunged. To name a few, you cannot expunge violent crimes like assaults, sex offenses, any felony offense that is a class G or higher, breaking and entering crimes and DWI. Also, once you are granted an expungement, you cannot request another one for any convictions that you receive after you applied for the expungement.
Requirements: You must be of good moral character, have complied with all restitution, have two character witnesses who can attest to your character, and pay a filing fee. Seagroves Legal can help you prepare everything necessary and present your best case.
Convictions Which Occurred Before You Were 18
For any conviction that occurred when you were between the age of 16 and 18 (so older than 16 but less than 18 years old), then you may be able to expunge all prior convictions for any misdemeanor or Class H or Class I felony. There are a few requirements, however, to qualify. You must complete probation and pay all restitution. Seagroves Legal recognizes the importance of young people in beginning their adult lives with a clean record. Let us help you ensure your prior offenses do not hold you back from moving forward.
Expunging Dismissed Charges
There are some positive changes to the dismissal expungement statutes as well. Beginning 2021, some cases dismissed by the District Attorney will automatically be expunged.
Effective December 1, 2020, a person can move for all dismissed charges to be expunged, regardless of any other convictions on their record. (Current laws prohibit dismissed charges from getting expunged if there was a felony conviction also on the record.)
Seagroves Legal is an Experienced Expungement Law Firm
Even if you have been denied an expungement before, contact us! The laws have changed and just because you were not eligible then does not mean you will not be eligible now.
At Seagroves Legal, we take pride in helping our clients obtain a fresh start. Cleaning up our client’s criminal background is a rewarding task as a clean record opens the door for greater career opportunities, better education benefits, and also restores their firearm rights. Contact us today and find out how we can help you expunge your criminal history.
Candace Seagroves has been assisting people across the state expunge their criminal convictions and is knowledgeable about how to prepare and present your case. Contact Seagroves Legal, PLLC for a free consultation today and get started on moving forward with a clean background.