Overview on expunction in North Carolina published by lawyer Janet Pittman Reed
Attorney Janet Reed, based in North Carolina, has published an overview of expunction procedures. The complete article will be published on her Blog.
By: The Law Office of Attorney Janet Pittman Reed
Expunction refers to a process by which a court orders provides that a person's record of a prior proceeding is deleted from the public record. It is important to note that there may be limitations to the effects of expunction. Although an expunction order may extend to certain private entities, not all private entities are subject to the expunction order.
Expunction in North Carolina is generally a creature of statute and must be specifically authorized by statute. There are four broad categories of expunctions in North Carolina: (1) convictions or other matters based on age of the person at the time of the offense or age of the offense; (2) dispositions that do not constitute a conviction, such as dismissals or diversions; (3) drug offense; and (4) specific offenses identified by the General Assembly where defendant's culpability may be lessened or otherwise warrant relief. Each category is governed by a different statute and may have requirements specific to the category.
Generally, expunction is mandatory rather than discretionary. Therefore, once a court determines that the requirements of the statute has been met, expunction is typically required. Most petitions are filed in the place of conviction, but proper venue is determined by statute and again requires consultation with a qualified attorney. Typically, expunction process requires the petitioner to consent to record checks. While most expunction petitions require a fee, courts are authorized to allow petitioners to proceed as indigent person.
Expunction can be a powerful tool to assist those seeking a fresh start. Individuals interested in expunction should consult with a qualified attorney to navigate the process, advises Ms. Reed.
Janet P. Reed is an attorney in Jacksonville, North Carolina, and handles Family Law cases such as Divorce & Separation, Personal Injury, Traffic, Criminal Law, Driver's License Restoration Services, and Civil Litigation cases.
The Law Office of Attorney Janet Pittman Reed
Janet P. Reed, Esq.