Full question:
I have a Misdemenaor Larceny charge that was plead down from a felony offense. My questions is I live in NC and I am 37 years old and would like to know if I would be eligible to have this expunged from my record, it was a first and last tiime offense. I paid my restitution and served my community service time just need this off my record so I can start my life. Ids this possible?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: North Carolina
Answer:
Eligibility for expungement in North Carolina depends on specific criteria. Generally, individuals convicted of a misdemeanor may apply for expungement if they meet the following conditions:
- You must have no prior felony convictions.
- The misdemeanor conviction must be your first and only offense.
- You must have completed any required restitution and community service.
- For misdemeanor larceny, you can apply for expungement if it has been at least five years since your conviction.
According to North Carolina General Statutes, specifically § 15A-145, you can file a petition for expungement after two years from the date of your conviction, provided you have maintained good behavior and have no other misdemeanor or felony convictions during that time. You will need to submit an affidavit confirming your good behavior, along with verified affidavits from two individuals who can vouch for your character. Additionally, you must have no outstanding restitution orders.
Since you are 37 years old and this was your first offense, you may be eligible to have the misdemeanor larceny charge expunged from your record. It is advisable to consult with a legal professional to assist you with the petition process.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.