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What We DoPeople convicted of a crime, whether a misdemeanor or a felony, often carry the taboo associated with having a criminal record. After some time without re-offense, the negative social response generally fades away; successful rehabilitation from criminal activity can even look like a good thing. The criminal record lives on despite good behavior. Even if you were found not guilty or if your case was dismissed, there is still a record of the criminal charge. Without the help of a Raleigh criminal record expungement lawyer and an expungement, the presence of a criminal record can make it difficult to get a job or lease an apartment. Other longterm effects of a criminal record could include some of the following:
Through the legal process of expungement in North Carolina, you can seal your arrest and conviction records. By expunging your record, you can legally deny or refuse to acknowledge involvement with a criminal incident, without fear of perjury or false statement.
At the Law Office of Dewey P. Brinkley, located right in downtown Raleigh, NC, we believe that citizens convicted of a prior crime deserve a clean slate after serving their sentence. Dewey P. Brinkley stands as one of Raleigh’s most prolific criminal attorneys with extensive, successful experience in expungement cases. For both representation and guidance through the expungement process, contact the Law Office of Dewey P. Brinkley at (919) 832-0307 for a free consultation.
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According to North Carolina law, “no person as to whom such an order has been entered…shall be held thereafter under any provision of any law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of the person’s failures to recite or acknowledge any expunged entries concerning apprehension, or trial.”
In other words, after a successful expungement you do not have to admit to involvement in crime when speaking with possible employers, landlords, and others. It is important to note, however, that if you’re arrested again, the judge and prosecutors can access an expunged record. Except for special circumstances, the record is otherwise sealed from public view.
The State of North Carolina allows citizens the possibility for one expungement per lifetime of an individual. Nevertheless, there are special circumstances that determine whether you are eligible for expungement, including:
You were ANY AGE on the date of offense, you were convicted of a “non-violent” felony or misdemeanor, you have no other criminal convictions on your record before or since, and you have waited 15 years after the conviction or completion of probation, whichever occurs later. There are additional requirements under this statute.
There are six essential steps in expunging a North Carolina conviction record, all of which the Law Office of Dewey P. Brinkley can guide you through. First, you need to wait a period of time according to the circumstances of your crime, as noted above. After waiting, you need to gather several affidavits and have them notarized, including affidavits from the petitioner, affidavits from two other people that serve as character witnesses for the petitioner, and others.
If expunging a conviction, you also need to fill out an AOC-CR-281. To file the expungement with the clerk of the court, you need to pay a fee. Fortunately, in Wake County, North Carolina, the courts typically waive the requirement for an expungement hearing. Lastly, all you need to do is wait. This process takes no less than a year.
Whether you’d like to know if you qualify for expungement, or you need counsel through this process to ensure a strong case, contact us in Raleigh, NC, today. As a Wake County resident with extensive experience in expungement cases, criminal attorney Dewey Brinkley uses his extensive experience and resources to protect your state and federal rights.
Certified Criminal Law Specialist by North Carolina State Bar.
Tried over 250 criminal cases in local courts.
Knows prosecution strategies from time as Assistant District Attorney.
Direct, responsive service from start to finish by Brinkley himself.
4.9-star client reviews praise professionalism and case outcomes.
Speak directly with Attorney Dewey Brinkley – 100% confidential and no obligation.
Before founding our Criminal Defense Law Firm in Raleigh, Attorney Dewey P. Brinkley worked for almost three years in the Wake County District Attorney’s office, gaining in-depth experience handling domestic violence, misdemeanors and juvenile court offenses.
As a Raleigh Criminal Defense Lawyer, he handles serious felony charges, including armed robbery and attempted murder, as well as DWI, traffic tickets and violations and misdemeanors. Whatever charge you face, we can help.