North Carolina Expunction – FAQ – Part 3November 30, 2017 – Published by Robinson Law Firm
What happens after the Expunction is granted by the Court?
When the petition is granted, the Court directs the clerk to send a copy of the final order of expunction to the NC Department of Public Safety, the NC SBI, and the NC Department of Motor Vehicles. All records relating to your apprehension, charge, trial and/or conviction, including any civil revocation of drivers license will be remove from the official criminal records of all law enforcement agencies. Under recent modifications contained in Senate Bill 445, the clerk of court is required to provide you with a certified copy of the expunction order entered by the Court. The end result of the expunction process is to restore you, in the contemplation of the law, to the status you occupied prior to the charge.
If my charge/conviction is Expunged do I have to admit I was charged/convicted?
In almost every instance, you can deny the existence of the charge or conviction that was the subject of an expunction without the penalty of perjury or giving a false statement. However, there are exceptions to this rule when applying for a professional license, certain law enforcement jobs, specific school related jobs, purchasing a firearm, and public office.
Can the District Attorney access charges/convictions that were Expunged?
Prior to the enactment of Senate Bill 445, the District Attorney could not legally access the database of charges/convictions that were expunged. Senate Bill 445 allows the District Attorney to access expunction records for specific “convictions” for the purpose of calculating the prior record level of a person who is convicted of a criminal offense subsequent to the expunction. This provision applies to expunction orders entered on or after 1 July 2018. The District Attorney cannot access expunctions that were based on findings of not guilty.
Can Law Enforcement Officers access charges/convictions that were Expunged?
No. Law enforcement agencies cannot access charges/convictions that were expunged; this includes access of the same during the investigation of any acts or conduct. Note, that the District Attorney can access these records in the event of a conviction.
How can we help you?
The expunction laws in North Carolina are complex and difficult to navigate in order to obtain their full benefit. Selecting the correct statute for your expunction and NCAOC petition form are critical to a successful expunction and avoiding lengthy delays. The Robinson Law Firm has over 30 years experience and has helped hundreds of people obtain the benefits of an expunction. We have also taught other attorneys how best to use the expunction laws to a client’s benefit. Let us help you today! Contact The Robinson Law Firm for a free consultation to discuss how we can use the expunction laws to clean your criminal record.
To learn more about North Carolina Expunctions check out Part 1 & 2 here: