A felony has a big impact on a person’s life and if you live in North Carolina, you’ve come here trying to find out how to get the felony off your record. Realize that with all felony records, there are three options you can take. 1) Expunge Your Record2) Seal Your Record,3) Request a Pardon of Your RecordThe problem though is that all states don’t offer all three of these options. But before we get into what Mississippi offers, let’s review what each of these options actually mean.
Expungement
If you get your record expunged in North Carolina it’s as if your arrest and/or charges never happened. Your record is completely destroyed, including all physical and public records. When asked if have a criminal record, after expungement, you can truthfully answer “no”.
Record Sealing
Sealing your record in North Carolina is similar to expungement, but your record still exists in a limited form. The public does not have access to your record, but there are some exceptions. Your records can still be accessed by law enforcement and the courts. Record sealing is not as secure as expungement, but it is a reasonable alternative that is comparatively easier to obtain if your state offers it.
Pardons
If you receive a pardon in North Carolina, you still have record of your arrest or charge, but your guilt is exonerated. That is, you have proven that you are rehabilitated and forgiven for your crimes. You can also get relief in terms of having various rights restored, such as your right to vote. The requirements for pardons vary between states, but typically there is a lot of documentation required, and includes lengthy waiting periods to apply and receive a pardon.
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Things to Know Before You Start
First: It’s important to understand that every state is different in terms of what methods are available for felons to remove their record and the information below will help you understand what you can do in Mississippi.
Felony Expungement in North Carolina
Yes, it is possible to expunge your felony in North Carolina but it depends on the felony.
Sealing a Record in North Carolina
Yes, it is possible to seal your record in North Carolina but it depends on the felony.
Getting a Pardon in North Carolina
Yes, it is possible to get a pardon of your record in North Carolina but it depends on the felony.
Second: When trying to clear your record, you really have two options. The first is to get a free consultation from a lawyer to see what they think of your case, and the second is to try to do all of the paperwork yourself.
Third: We HIGHLY recommend that you get a free consultation from a lawyer prior to taking any action. We say this because whether you want to expunge, seal, or pardon your record, it’s an extremely complicated process. Failure to follow the process properly can end up with you being denied for the request and having to wait additional time (sometimes several years) before you can file again. In addition, getting an expungement lawyer can increase your odds of succeeding and sometimes it’s more affordable than you think. The first step is to click on the button below to confirm that you’re eligible for the expungement/sealing off your record.
Can You Expunge a Felony in North Carolina?
All new laws and changes to the NC expungement law take place on December 1, 2017. These changes could affect your criminal charges. Check, first, to make sure you qualify for an expungement under these new laws.
On December 1, 2012, the North Carolina legislature expanded the ability for misdemeanors and non-violent felonies to be expunged from a criminal record. Conviction under ruling Chapter 15A-145.5 of the North Carolina Statutes states that convictions under this statute can be expunged no sooner than 15 years from the conviction date or completion of service.
Before 2012, Chapter 15A-145.4 was enacted and provided a way in which the records of first offenders under the age of 18 could be expunged and records destroyed it was very difficult to get an expungement. Seeking expungement under this statute required clean criminal records and a four-year wait. Of course, this has changed, again.
CANNOT EXPUNGE IF…
• Class A through G felonies
• Assault as a part of the offense
• Any offense requiring registration such as a sex offender registry
• Certain sex related or stalking crimes
• Wrongdoings when the suspect used a commercial vehicle in the commission crime
• Drug arrests involving methamphetamines, heroin or the intent to sell, possess, or deliver cocaine
• Any weapons violations
• Intentionally contaminating food or drinks to cause mental harm or physical helplessness
• Prior expungement has been sought.
How to Expunge a Felony in North Carolina
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to expunge your record.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible for expungement based on our test, then you should stop here.
• If you are eligible based on our test and want to do this without a lawyer, continue reading.
• Send in an affidavit stating why you deserve expungement
• List out that you have been of good moral character since your conviction, and you have no other convictions.
• Get two letters of recommendation from two people who are not related to you or each other, but they know you.
• An affidavit that no restitution orders or civil judgments are outstanding
Can You Seal Your Criminal Record in North Carolina?
There is technically no sealing of criminal records in North Carolina. It is the same process and method as having your records expunged. As in an expungement, you would need to petition the court to have your records “hidden”. If you do not qualify for sealing or expungement you can contact the Governor for a Certificate of Relief or a pardon. These are difficult to get, but you should try all avenues to get your records discarded.
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Can You Apply for a Pardon in North Carolina?
The Governor’s Clemency Office process all requests for clemency and pardons. This same office is the liaison with federal, state, and country officials and those who are involved in clemency or pardons. N.C. General Statute §143B-266a, states that the Post Release Supervision Commissions assists the Governor in granting pardons. If you have questions, contact this office:
Governor’s Clemency Office4294 Mail Service Center Raleigh, N.C. 27699-4294 Phone: 919-715-1695 Fax: 919-715-8623e-mail: [email protected]
There is a five-year waiting period before you can apply for a pardon. After a denial, you will need to wait three more years.
There are three types of pardons in North Carolina. One is pardon of forgiveness which is granted with certain conditions, pardon of innocence which is granted when you have been found guilty, but the charges are dismissed. There is also an unconditional pardon grated to restore your rights to own a firearm.
Pardon’s do not erase or expunge your criminal record, but if you receive a pardon of innocence you can petition the court for an expunction. (N.C.Gen.Stat.§15A-149.)
CANNOT PARDON IF…
• Your waiting period from conviction has not expired
• You are guilty of your crimes
• Treason
• The governor denies your pardon.
How to Apply for a Pardon in North Carolina
Pardon in North Carolina are rare. There have only been sixteen pardons since 2001 and all of these were granted for innocence. Applications average 150 annually and recommendations are submitted by the governor’s clemency staff.
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to request a pardon for your record. In most cases, if you are eligible for expungement on our test, then you’ll be eligible for a pardon.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because requesting a pardon is mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible based on our test, then you should stop here.
• If you are eligible based on our test and want to do this without a lawyer, continue reading.
• Applications must be submitted to the governor in writing; there are no formal forms for requesting a pardon.
• Include your records including verdict, judgment, and indictment. The OEC processes the requests and prepares the reports.
• The victim will be notified.
• The DA in the county of conviction must be notified and given the opportunity to comment on the application.
So, there you have it. Three separate ways to get rid of your record in North Carolina. As we’ve said numerous times throughout this page, this is a really complicated process and we highly recommend that you take this eligibility test prior to taking any action to determine if you are eligible for any of these options.
Please note, the information contained here is not legal advice and is strictly informational. If you have any further questions about the information above, or in general, you need to contact a lawyer directly.
