Q. Is there any way to get rid of a previous criminal conviction?
A. In very limited circumstances, North Carolina law permits the expunction of certain offenses from a person's criminal record. Except for convictions for possession of a very small amount of cocaine, which is a felony, or in the case of a pardon from the Governor, there are currently no North Carolina Statutes that permit the expunction of felony convictions.
Depending on the statute which permits the expunction, there are several requirements that must be met in order to qualify.
If an offense is dismissed, or a finding of not guilty is entered, that offense may be expunged pursuant to N.C.G.S. 15A-146. You can only request an expungement under this statute one time in your life. However, if multiple offenses are dismissed during the same term of court, or within a 12 month period, it may be possible to expunge multiple offenses in your request.
If you have been convicted of a crime or crimes, your eligibility depends on the nature of the conviction and your age at the time of the conviction. N.C.G.S. 15A-145 allows first offenders under 18 at the time of the conviction to expunge the conviction after two years, if they meet certain criteria. First offenders under the age of 21 may expunge certain alcohol infractions if they meet the statutory criteria. In very limited circumstances, N.C.G.S. § 90-96 allows individuals convicted of certain drug offenses to expunge a conviction. Only certain misdemeanor drug offenses, or the felony possession of less than one gram of cocaine, may be expunged. If you have received a pardon from the Governor, you may seek to have the record of the conviction expunged pursuant to N.C.G.S. § 15A-149.
Except for offenses in which an individual received a pardon, only one expungement can be granted in a person’s lifetime. If you have a lengthy criminal record, you will generally not be able to expunge more than one of these offenses.
If a court does order that an offense be expunged, the offense will be deleted from the individual's criminal record and such individual will be restored to the status he/she occupied before arrest or indictment. If you are not eligible for an expungement, your only other remedies are to appeal the conviction, file a motion for appropriate relief, or seek a pardon from the Governor. You should contact a competent attorney for more information regarding expungements, appeals, or pardons.
Well, since the governor appointed the dingbat DA, he sure as heck should expunge these records!
So, nothing about expunging arrests, just convictions? People are supposed to be satisfied with a mere dismissal? A dismissal can come because the DA lost the evidence or his main witness died. Without further qualifiers, a dismissal says nothing about the guilt or innocence of the defendant.