A court can set aside or “seal” a record in a process known as expungement. Expungement can apply to arrest records or even criminal convictions in some circumstances.
Why have a criminal conviction or arrest expunged?
A person may benefit from having a criminal conviction or arrest record expunged or sealed for a number of reasons. When you are applying for a job or apartment, for example, you normally do not need to reveal a criminal conviction in your past which has been expunged. An admissions office or hiring manager, for example, will not discover a conviction by doing a public records search.
When will a court agree to expunge a record?
A Morganton, North Carolina court will expunge a record if they are petitioned and if they agree that the situation warrants it. If you were arrested but not convicted of a charge related to your arrest, you have a good chance of having this record expunged within a year. If you were convicted of a criminal charge, the court will decide based on a number of factors, including:
- your age at the time of the offense
- your overall criminal record
- the severity of the offense
- whether it was a violent crime
- Length of time since the conviction-if convicted as an adult 5-10 years must generally pass before the state will allow your records to be expunged
What protection does expungement provide?
Expungement provides a significant measure of privacy by sealing court records from those who might discover past arrests and/or convictions. However, it naturally does not remove media reports, social media posts, and other evidence that these activities have occurred.
You should consult a Morganton NC attorney to find out more about the expungement process. Contact us for more information.
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