Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

North Carolina Felony Charge North Carolina

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • North Carolina Felony Charge North Carolina

    I live in St. Louis now, but back in 1986 (very young) back home in North Carolina I plead guilty to a Possession of Stolen Property charge. Well it was listed as a felony and I don't remember the class, it was that long ago. My problem is this thing keeps popping up on my federal background checks. I did my probation and haven't had a charge since. Do anyone know if I am eligible for expungement in NC. From my understanding of the NC General Assembly Statues, I am not. Which would be very sad considering the time since this has happened. Any help is well appreciated.

  • #2
    What is the reason you don't think an expungement is possible?
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

    Comment


    • #3
      because of this I read:

      Eligibility For A North Carolina Expungement

      Two types of people are eligible for a NC criminal expungement. The first group consists of persons convicted of a criminal misdemeanor while under the age of 18. The main requirement for eligibility for such a person is a clean record since the conviction (traffic violations do not count).

      The second group of people who are eligible for a NC expungement are those individuals who were arrested or charged with a crime, but subsequently the criminal charges were dismissed, or the person was found not-guilty or not responsible in a court of law. To be eligible for an expungement under those circumstances a person must not have a prior expungement or any felony convictions.

      While an expungement for an offender under 18 is a more complicated process, in both cases one must apply to the NC court for the expungement and a hearing will be held regarding the NC expungement.

      Comment


      • #4
        I have read the statutes... and, by the way, you read them incorrectly.

        According to the form I downloaded from the state's website, the age is 21.

        But that doesn't answer my question... you say that this is the part that is keeping you from expungement....

        I still don't know WHY it is keeping you from expungement.
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

        Comment


        • #5
          Here are the circumstances as laid out in for 1067...

          I hereby move for an expungement pursuant to G.S. 90-96(b) and certify as follows:

          I was charged with the misdemeanor or felony listed above.
          PETITION/MOTION TO EXPUNGE
          1. I have been dismissed and discharged under G.S. 90-96(a).
          3. I have attached to this petition the affidavits required by G.S. 90-96(b).
          2. I was not over 21 years of age at the time of the offense(s) listed above.
          4. I have not received a previous expungement under G.S. 90-96.

          I hereby move for an expungement pursuant to G.S. 90-96(d) and certify as follows:

          The State dismissed the charge or entered a nolle prosequi, or I was found not guilty or otherwise adjudicated innocent.

          Attorney Defendant
          Date Signature

          To The State Bureau Of Investigation, P.O. Box 29500, Raleigh, NC 27626:

          Please prepare, certify on the reverse side, and attach to this Request any Criminal History Record Information for the petitioner. Then forward this
          Request with Criminal History Record Information attached, confidentially to: Records Officer, Administrative Office of the Courts.

          To The Records Officer, Administrative Office of the Courts, P.O. Box 2448, Raleigh, NC 27602:

          REQUEST BY JUDGE

          Please complete the report on the reverse side and return it, along with the information attached to this Request by the SBI, to the Clerk of Superior Court.

          Date Name Of Presiding Judge (Type Or Print) Signature Of Presiding Judge

          I have not been convicted of a felony or misdemeanor other than a traffic violation under the laws of this State at any time prior to or since the conviction for the offense in question.


          STATE OF NORTH CAROLINA File No.

          Name And Address Of Arresting Agency Name And Address Of Defendant's Attorney

          Race Sex Date Of Birth Social Security Number

          PETITION AND ORDER OF EXPUNCTION UNDER G.S. 90-96(b)(d)(e) G.S. 90-96(b)(d) or (e)

          Name And Address Of Defendant/Petitioner

          STATE VERSUS

          Drivers License No. State Age At Time Of Offense AOC-CR-266, New 4/08

          © 2008 Administrative Office of the Courts

          County In The General Court Of Justice

          District Superior Court Division

          File Nos. Date Of

          Arrest Offense Description Date Of

          Offense Disposition Date Of Disposition/Conviction

          At least twelve months have passed since the date of conviction.

          I hereby move for an expungement pursuant to G.S. 90-96(e) and certify as follows:
          I pled guilty to or was found guilty of the charge(s) shown above.
          I have not received a previous expungement under G.S. 90-96.
          I have been of good behavior since my conviction.
          I have successfully completed an approved drug education program.
          request the Court waive such program (attach explanation).
          I was not over 21 years of age at the time any of the proceedings against me occurred.
          I have not received a previous expungement under G.S. 90-96.
          Not everything that makes you mad, sad or uncomfortable is legally actionable.

          I am not now nor ever was an attorney.

          Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

          Comment


          • #6
            The fact that I plead guilty to a felony charge, that is what I believe is keeping me from being able to get this expunged. I don't see where a guilty plea of a felony would be eligible.

            Comment


            • #7
              Originally posted by dalythe View Post
              The fact that I plead guilty to a felony charge, that is what I believe is keeping me from being able to get this expunged. I don't see where a guilty plea of a felony would be eligible.
              So you would check option number 3 -



              I hereby move for an expungement pursuant to G.S. 90-96(e) and certify as follows:
              • I pled guilty to or was found guilty of the charge(s) shown above.
              • I have not received a previous expungement under G.S. 90-96.
              • I have been of good behavior since my conviction.
              • I have successfully completed an approved drug education program.
                request the Court waive such program (attach explanation).
              • I was not over 21 years of age at the time any of the proceedings against me occurred.
              • I have not received a previous expungement under G.S. 90-96.
              • I was not over 21 years of age at the time of the offense(s) listed above.
              • I have not been convicted of a felony or misdemeanor other than a traffic violation under the laws of this State at any time prior to or since the conviction for the offense in question.
              Last edited by cyjeff; 04-22-2008, 01:43 PM.
              Not everything that makes you mad, sad or uncomfortable is legally actionable.

              I am not now nor ever was an attorney.

              Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

              Comment


              • #8
                I am on the NCGOV site right now and I am trying to find out were you see this form.

                Comment


                • #9
                  Nevermind I found it. Thanks for the guidance. I will take a look at all this and see if I can make this happen. THANK YOU SOOOOOO much. I really thought I was barred for life for making a stupid mistake when I was young. I will post results.

                  Comment


                  • #10
                    dalythe, Please let me know what you find out and how much it cost. I did something stupid when I was 19 and I have had no problems for the last 21 years. I'm gong to nite school and have stayed on the high honors list. I need a new job and this could change everything..

                    Comment


                    • #11
                      I too would like to know if you succeed, how long it takes, etc.

                      Thanks,

                      G

                      Comment


                      • #12
                        Given that the original thread is from 2008, it is by no means certain that the OP will see your questions.
                        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                        Comment


                        • #13
                          Its 2010

                          Well, I will be tring to get this done and I will keep you posted. The trouble I got into at 19 was a big truning point in my life. I am just a few classes away from my degree now and stand no chance for a good job with this hanging over my head.

                          Comment


                          • #14
                            Originally posted by dalythe View Post
                            The fact that I plead guilty to a felony charge, that is what I believe is keeping me from being able to get this expunged. I don't see where a guilty plea of a felony would be eligible.
                            ah but you said you got probation and successfully completed the program. that means your charge WAS dismissed, by operation of law. thats why probation is so beneficial to a defendant, besides anything else its a chance to dismiss the charge after all.

                            probation is NOT a sentence. it is a court order in LIEU of a sentence. so you were never sentenced, within the time applicable (the time otherwise available as a jail sentence). what you need to do is ask the court to clear the record, and dismiss the case. they are supposed to on their own motion, but never do.

                            then you can have the record expunged, once it has officially been dismissed.

                            Comment


                            • #15
                              Giles, the original poster (dalythe) started this thread 4-08 & the last time they posted on this forum was 1-09. They may not be back to see your reply.
                              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                              Comment

                              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                              Working...
                              X