Distinguished Senior Student Award – Highest GPA So that’s why I became an attorney. He has also known his law partner Blake Caulder since Kindergarten. J.D., Magna Cum Laude Bar Admissions: Most nonviolent Class H and Class I felonies can be expunged after ten years. A felony stalking offense listed under North Carolina G.S. 15A-146, then petition for an expunction under G.S. Your lawyer will be able to evaluate your case and double-check that you're eligible before he starts any paperwork. In each one of those situations, the person who was best situated to provide that vital support was their lawyer. Applies to any felony, any misdemeanor or an 18B-302(i) infraction before 12/01/1999; 2. His passion to serve each client with innovation, excellence and integrity is a byproduct of his faith. Associate Editor of Charlotte School of Law Law Review In high school, he participated in building a Holocaust museum that has become internationally regarded. Technically, it is not an expungment of your entire criminal record as entries are addressed individually, on a charge-by-charge basis. You can have felonies expunged if your case was dismissed or if you were found not guilty in court. YES If you were at least 16, but less than 18 at the time of offense of any misdemeanor or any class H or class I felony, and the offense occurred before December 1, 2019, you may be eligible to have all of … You must also meet these conditions: If you've met all the conditions necessary to qualify for felony expungement, you may want to talk to an expungement attorney. § 15A-145. Getting a job, obtaining a professional license, leasing a residence, or gaining admission to college, can be difficult when you have a criminal record in your past. 14-54(a) or (a1) or a Class I felony … Nonviolent felony convictions: If you have a Class H or Class I felony conviction, I can help you apply for expunction if the conviction was at least 10 years ago and you have not been convicted of anything … CALI Awards (Highest Grade)—Lawyering Process I and Contracts I Order of the Crown You must fill out the specific AOC form that applies to you. in Accounting, Summa Cum Laude Non-violent Class H and Class I felony convictions can be removed from a record. Expunging a Felony Conviction in NC If you are charged with a felony in NC, you are eligible for a dismissal or a non-guilty verdict. It is important to remove arrests from your criminal … Be the first and Add your Comment below. For example, if you were charged with a crime in Wake County you must file your petition in Raleigh, NC at the Wake County Courthouse. When expunging a charge or conviction in North Carolina, you must go to the county courthouse where you were charged. Class B2 felony: 94 to 393 months 4. Prosecutors and law enforcement personnel will have access to all records. This way, the millions of NC residents with criminal convictions can clear their records faster. Any non-guilty verdict results in immediate eligibility for expungement. Violent felony convictions are typically never eligible for expungement. If the felony you committed is eligible for expungement, you still have to meet these conditions: Only people who are over the age of 18 can file a request for criminal record expungement. that involves methamphetamines, heroin, or PWISD cocaine; Any felony … Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors. North Carolina classifies felonies from Class A to Class I. In his career as a lawyer, he has been admitted to the United States Federal Court for the Western District of North Carolina, is a member of the American Association of Premier DUI Attorneys, and completed training for DWI Detection & Standardized Field Sobriety Testing. Felony convictions usually require a 10 year wait period, although there are … This is considered the most serious felony in North Carolina. Felony expungement is possible in North Carolina – but not everyone is eligible. B.S. At… Felony convictions can now be expunged after 10 years instead of 15. We'll ask you questions about your record to determine whether you're eligible, and if you are, we'll start the felony expungement process on your behalf as soon as possible. The most important components of the change are detailed below: To expunge a criminal record in North Carolina, you must file your petition at the county courthouse where you were charged. The new law provides that a juvenile’s conviction for either (1) a misdemeanor or (2) a Class H or Class I felony is eligible for expungement if the following criteria are met: The juvenile was 16 or 17 years old … Class 1, 2 and 3 misdemeanors are generally eligible for expungement. gtag('config', 'UA-123577205-1'); Posted by Josh Valentine | Nov 02, 2018 | 0Comments. Contrary to common belief, opportunities to expunge a criminal record in North Carolina are not common. Charlotte School of Law However, if you are convicted of Misdemeanor Larceny in NC and you are over the age of 18, you are eligible for expungement 5 years after your conviction. So how can you tell if you're eligible for felony expungement, and what can you do if you are? Call us at 704-470-2440 for a free case review today. Court Costs: $175.00 if deferred dismissal, but no cost otherwise. Class D felony: 38 to 160 months 6. I both saw and experienced the stress such events can place on an individual, and I realized that everyone, at some point in their life, needs hope, comfort, and encouragement. The petition form must include the appropriate North Carolina General Statute (the statutes are listed in the section of the petition entitled Petition/Motion to Expunge), your signature or your attorney’s … No. Phi Delta Phi International Legal Honor Society Education: Aenean lacinia bibendum nulla sed consectetur. While in school, he was Associate Editor of the Law Review and received accolades like Phi Delta Phi International Legal Honor Society membership, Order of the Crown, Pro Bono Honors, CALI Awards (highest grade). Of course, Josh went on to pass the North Carolina State Bar himself and later the South Carolina State Bar. If your charge is dismissed there is no wait period. However, non-expunged charges and/or convictions will show up on an employer’s background check. Call our Cary, North Carolina office at 919-650-2851 to schedule a free consultation about clearing your criminal record with a North Carolina Expungement. Regardless of the charge, the expungement process typically takes between 9 – 12 months in North Carolina. Only lower level Class H and Class I felony convictions are eligible per statute. Nulla vitae elit libero, a pharetra augue. Met the required waiting period for the record you want to expunge, Paid all your court-ordered costs and provide proof that you did, Cannot be on parole or probation with any court, anywhere, Have no warrant for your arrest or a criminal summons. ; Misdemeanors and Class C felony convictions may be set aside three years after judgment, and non-violent Class B felonies may be set aside after 20 years, provided in all cases that … Application must be served on DA 20 days before a hearing; 4. That being said- you could seek an … Community involvement has been important to Josh all his life. gtag('js', new Date()); And thanks to a relatively new expungement law, you can petition the court for an expungement sooner than you could under the old law. In his law practice, Josh has made it a point to develop positive relationships with officers, clerks, and district attorneys, which has proven invaluable in delivering positive results for his clients. 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