Expunctions (AKA Expungements)
A criminal charge can follow you for the rest of your life, even if you win in court. In North Carolina, even an acquittal or a verdict of not guilty does not automatically remove the charge from your criminal record. To permanently remove a charge from your record, you have to seek an expunction of the charge. Expunctions are also known as expungements or expungments. An expunction is the legal process by which a charge is permanently removed or erased from your criminal record.
Most expunctions are done where the charges against the defendant are dismissed or the defendant is acquitted of the charge. This is done via North Carolina General Statute 15A-146. While you are not required to hire a lawyer for have a charge expunged, most people find the process too tedious or complicated to handle on their own. There are a lot of hoops to jump through and criteria to meet in order to be eligible for an expunction. If you have a charge against you that was dismissed or for which you were found not guilty, you may be eligible to have the charge permanently removed from your record so that you can move on with your life.
Expunctions for Certain Convictions
Certain misdemeanor and felony convictions qualify to be expunged under North Carolina law. This is an ever-changing area of law, which is being expanded or changed every few years. There are several methods by which certain non-violent convictions can be removed from one’s criminal record if all qualifications are met. Some methods are for those who were minors or less than 21 years of age at the time of the offense. Some require waiting two years after conviction or release from confinement or probation/ parole, while some require waiting 10 years after conviction or release from confinement or probation/parole. The requirements for these expunctions are very complex and require an attorney who knows the best way to remove these convictions from your record.
Contact Hampstead Expungement Attorney Adam Barrington TODAY at 910-421-0421 to set up an appointment to discuss clearing your criminal record.
Sex Offender Registry Removal
North Carolina General Statute 14-208.12A permits a defendant required to register with the Sex Offender Registry as a result of certain sexually-based offenses to petition the Court for removal from the Registry after certain periods of time depending on the convicted offense. Determining eligibility to be removed is exceeding tedious and time consuming, but if eligible and if successful, the process allows the petitioner to be removed from the Sex Offender Registry.
Attorney Adam Barrington has experience in terminating the registry requirements for petitioners who have proven that they are no longer a threat to society.
Contact Hampstead Attorney Adam Barrington TODAY at 910-421-0421 to discuss your circumstance to see if you may be eligible to be removed from the Sex Offender Registry.
Restoration of Firearms Rights
Convicted felons lose their constitutional right to bear arms as a result of their felony conviction, even those for minor or nonviolent offenses. Now there is a way for convicted felons who may not be able to expunge their conviction to once again protect themselves, their homes, and their families through a Restoration of Firearms Rights. We may be able to help you legally enjoy your Second Amendment rights again.
There are a lot of requirements to restore your firearms rights, with the primary one being a 20 year waiting period from the date of the restoration of your citizenship rights (other than firearms rights), which is generally the date of your release from probation, prison, or post-release release supervision. Unlike a felony conviction expunction under North Carolina General Statute 15A-145.5, you can have other misdemeanor convictions along with your disqualifying felony conviction, unless one of these misdemeanor convictions disqualifies you from restoring your rights, such as a misdemeanor domestic violence conviction.
If you are currently unable to legally own a firearm as a result of a felony conviction, contact Hampstead Restoration of Firearms Rights Attorney Adam Barrington to discuss whether you might qualify to have your firearms rights restored to you. Call Adam TODAY at 910-421-0421 to setup a free consultation to discuss your case.