Thursday, February 28, 2013

How to expunge a record in NC (from two contributors on eHow)

Disclaimer:  This information may be subject to change as the law changes.  Verify information of this importance with a licensed attorney before beginning this legal process.

Having a clean criminal record has become increasingly important in today's world. Companies, schools, banks and other entities routinely run background checks on applicants, and a felony conviction can spoil a great opportunity. North Carolina law provides for the pardon of a felony by the governor if the applicant "has maintained a good reputation in their community following the completion of his or her sentence of a criminal offense." The pardon does not erase the felony from your record, but you can pursue expungement if you are granted a pardon.
By Traci Bridges, eHow contributor
Instructions
  1.  
o    1
Apply in writing to the governor for a pardon. There are three types of pardons: pardon of forgiveness, pardon of innocence and unconditional pardon. You cannot apply until at least five years after you've completed your sentence. You can apply yourself or you can hire an attorney to apply on your behalf. Include with your application a statement explaining why you are applying for a pardon, a copy of your indictment, verdict and court judgment. The governor will review your application and decide whether to issue a pardon. If you are granted a pardon, you can pursue expungement.
o    2
Have your attorney file an application for expungement with the North Carolina judicial branch. There will be an application fee, but it typically runs no more than $75. Judicial branch officials will have the North Carolina Special Bureau of Investigation (SBI) conduct a background investigation. The SBI will provide the judicial branch with a full report of their investigation.
·  3
Answer any additional questions the judicial branch may ask. Your attorney will help you contest any inconsistencies or any objections to expungement in the report. The judicial branch will review your application, the facts of your case, the circumstances surrounding your crime and the SBI's report, then decide whether you meet the standards for expungement.
·  4
Ask for certified copies of the pardon order, as well as the expungement order. You should request extra copies in case questions about your record arise in the future.

How to Get a Felony Off Your Record in North Carolina

By Karie Lapham Fay, eHow Contributor

It really could happen to anyone; a poor choice, an impulsive decision, caught in circumstances never imagined, and before you know it you have a felony conviction on your record. One moment in time can totally change your life. While North Carolina restores many civic rights for those who serve felony sentences, you lose your right to posses a gun, you may be turned down for adoption, loans, and many jobs. While a governor can grant a pardon (rarely done in North Carolina), this will not remove the record. But an expungement, under Chapter 15 A of North Carolina law, will.

Things You'll Need

Copies of court case/criminal records
  • Motion for expungement of criminal record
  • AOC-CR-237 Request and Reports Conviction/Expunctions Dismissal and Discharge Form

  • Instructions
    1.  Prepare Paperwork
    o    1
    Prepare expungement form AOC-CR-237. Check the appropriate box indicating the applicable statute (court records will indicate state conviction violated.) Complete the form and sign where indicated.
    o    2
    Visit the county clerks office in the jurisdiction where the offense occurred and present the applicable petition and AOC-CR-237 to the clerk with request for judge to sign, and sign the portion indicating service (delivery) of paperwork. Ask the clerk to forward the form to the State Bureau of Investigations (SBI). Keep a copies of the forms for your personal records.
    ·  3
    Visit the district attorney's office and deliver copies of the paperwork.
    ·  4
    Wait for court judgment. The North Carolina SBI checks the criminal history of received paperwork and forwards it to the court. An officer of the court makes sure an expungement has not already been granted, then forwards the paperwork to the presiding judge. The judge next reviews information provided by SBI and the court and either grants or denies an expungement

    To take a class for expungement, you can contact:
    Innervisions
    415 E 4th St  Charlotte, NC 28202
    (704) 377-5042
    Also, Jacob's Ladder does include an expungement class as part of its 30 day curriculum which includes mock interviews, real applications, resume help, and many other resources that will leave you astounded.

    JLJC Plaza Location

    2304 The Plaza Charlotte, NC 28205 704.332.5822

    JLJC West Location

    2201 Caronia St Charlotte, NC 28208 704.714.4051
    Call Goodwill Industries for information about how they might help you in your expungement process.
    2122 Freedom Dr  Charlotte, NC 28208
    (704) 372-3434

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