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How Many Expungements Can I have in North Carolina?
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In December of 2017, Governor Roy Cooper signed a new expungement law that allows offenders to have an unlimited dismissed and not guilty charges expunged from their record. However, the bill did not change how many North Carolina conviction expungements you can have. Most dismissed and not guilty charges will be eligible for an expungement unless you have a felony conviction on your record. Although you can have multiple dismissed and not guilty charges expunged from your record, you cannot have multiple convictions expunged.  

Felony Conviction Expungement

Generally, you are allowed to have one non-violent felony conviction expunged from your record. There is usually a 10 year wait period from the date of your conviction or the end of your probation, whichever is later.  You cannot have any other convictions on your record in order to be eligible to have a felony conviction expunged.

Misdemeanor Conviction Expungement

Generally, you are allowed to have one non-violent misdemeanor conviction expunged from your record. There is usually a 5 year wait period from the date of your conviction or the end of your probation, whichever is later. You cannot have any other convictions on your record in order to be eligible to have a misdemeanor conviction expunged.

List of Misdemeanor Convictions NOT eligible for most people.

The following list are examples of misdemeanor charges that if you are convicted, will NOT be eligible for an expungement from your record:

·         Simple Assault

·         Assault on a Female

·         Child Abuse

·         Violation of a Protective Order

·         Assault with a Deadly Weapon

·         Misdemeanor Food Stamp Fraud

·         Sexual Battery

·         Stalking

·         Secret Peeping

·         Assault on a Government Official

·         Assault by Pointing a Gun

List of  Felony Convictions NOT eligible for most people.

The following list are examples of felony charges that if you are convicted, will NOT be eligible for an expungement from your record:

·         Identity Theft

·         Felony Child Abuse

·         Breaking or Entering (if over the age of 18)

·         Common Law Robbery

·         Assault with a Deadly Weapon Inflicting Serious Injury

·         Indecent Liberties with a Child

·         Robbery with a Dangerous Weapon

·         Possession of Firearm by Felon

·         Second Degree Arson

·         Manslaughter

Each case is different and there are different rules if you received a conviction as a minor or under the age of 22. If you have questions about getting a charge expunged contact Melissa Botiglione The Law Offices of Wiley Nickel, PLLC at 919-585-1486 for a free consultation. Our North Carolina Expungement Lawyers will answer your questions and let you know if we can expunge your criminal record for you.

Melissa Botiglione joins the The Law Offices of Wiley Nickel, PLLC

The The Law Offices of Wiley Nickel, PLLC is proud to welcome Associate Attorney Melissa Botiglione to the team!

Melissa is originally from Long Island, New York and spent her childhood in Matthews, North Carolina. She graduated from North Carolina State University with Magna Cum Laude in 2015 with a degree in Political Science and minor in Italian Studies. After graduating from NCSU, Melissa went on to attend law school at Campbell University School of Law where she graduated Magna Cum Laude in 2018.

While at Campbell, Melissa focused her studies in criminal law and actively participated in pro bono service. She served on the Pro Bono Council as the Project Coordinator for the Re-entry project working with legal aid to provide expungement advice and assistance with Legal Aid clients. She also served as President of the Campbell Law Innocence Project, a member of the Death Row Visitation Project, and a member of the Campbell Public Interest Law Student Association. She also participated in the Restorative Justice Clinic, facilitating meetings with juveniles to address the needs of each party to prevent the potentially harmful effects of the criminal justice system. In 2018, Melissa was awarded the Campbell Law School Pro Bono Publico Award for her commitment to pro bono activities by providing nearly 800 hours of pro bono services during her three years at Campbell.

During law school, she interned at numerous different state agencies including the Wake County Public Defender’s Office, The Federal Public Defender for the Eastern District of North Carolina, The North Carolina State Bureau of Investigation and the Wake County District Attorney’s Office. During her internships, Melissa gained valuable District Court experience and knowledge of courtroom procedures.

During her spare time, Melissa enjoys cooking, NC State football and DIY projects. As a new attorney, she hopes to be a zealous advocate for her clients.

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