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  • Writer's pictureMike Macht

Expunction of Dismissals or Not Guilty's

My office gets calls all the time wanting to discuss matters that were dismissed or where someone was found not guilty. People call and say that despite the dismissal of their charge they've applied for a job or housing and have been declined because of their background check. Obviously, that can be frustrating when you've been convicted of something and served your time, but imagine if you were falsely accused? In recognition of this, my office can help you get these accusations off of your record so you can get that job or home you desire. Generally, the legislature doesn't charge for us to apply for an expunction when a matter is dismissed unless the dismissal was obtained through a deferred prosecution, 90-96 plea, or conditional discharge. If your matter was dismissed pursuant to one of those methods, however, the cost is currently $175.00 payable to the Clerk of Court. What's required to get that expunction?

First, we have to file the expunction where the court has jurisdiction. That means, we have to file for an expunction in the county where the matter was alleged to have occurred.

Second, you cannot have been previously convicted of any felony under the law of this State, the United States, or any other state.

Once you've received that expunction, you will no longer have to claim that you've been accused of the offense for which you've obtained an expunction. The question becomes one of timing though. When should you get an expunction of your dismissed matters? The answer now is as soon as possible. It used to be that under North Carolina law you could only get the benefit of this expunction once so you were best advised to wait in certain situations. The legislature has since lifted the no prior expunction requirement so now you are best suited to file your request for an expunction as soon as possible. Plus, the wait to obtain your expunction can be incredibly long. On average we see a wait of anywhere from 8 - 12 months for an expunction to be finalized once it is filed.

Contact Mike at 828-252-0002 to set up an appointment to discuss your options today.

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