Cary Expungement Lawyer

Expungement Attorney in Cary, NC

An expungement erases a case from public view. When the expungement process is completed with the help of a Cary expungement lawyer, all records from the Police Department, North Carolina Courts, Sheriff’s Department (including your jail mug shot, photos on the Sheriff’s public website, and fingerprints) are cleared from the view of the general public. No future employers, current employers, customers, landlords, colleges, or insurers can see what you have been accused of in the past. However, there are a number of disreputable third-party companies who post your mugshot on their website, and demand a fee for it to be removed. Do NOT pay these companies to remove your mugshot, as there are multiple companies who do this. If your record is expunged, you can contact that company directly and demand they remove your mugshot upon presentation of the granted expungement order of the court!

Certain government agencies, including the federal government, may still be able to find your criminal record after expungement, but a general check of your record should show nothing. This means that a background check done by your employer or college usually does not disclose any record of arrest or involvement in criminal activity.

Our office handles expungements for all counties in North Carolina. Unfortunately, we are unable to handle expungements of charges that are out-of-state or charges at the federal level, because there is no such thing as a federal expungement as it is not allowed by law. To determine if you qualify for an expungement, our office begins with a statewide background check. After review of your background check, one of our attorneys can give you a call and let you know what is eligible for expungement and a quote for your expungement as well.

All Cases are Unique

Every case and every situation is unique. The information on this page has only been provided to give you general information about North Carolina Expungement Law and not to give you specific legal advice about your case. Please call for a consultation to see if you are eligible to have your record erased by the process of Expungement.

North Carolina’s prison population included roughly 31,932 incarcerated individuals as of June 30, 2024. Recent research indicates that approximately 23% of people in North Carolina with criminal convictions may qualify for an expunction or other form of record relief under current law.

Our attorney can help you better understand if you are eligible to have your record erased through the process of expungement. In Cary, most expungement petitions are handled at the Wake County Justice Center located at 301 S. McDowell Street in Raleigh. If your Cary case was handled in Chatham County, you must file your expungement petition at the Chatham County Courthouse located at 40 E. Chatham Street in Pittsboro.

How does the North Carolina Expungement Process Work?

For those who are eligible and have had their criminal cases resolved through the Wake County Justice Center, 300 S. Salisbury Street in Raleigh, or elsewhere, the process is fairly easy and straightforward. You will not need to appear in court or even come to our office. Once you provide some basic information, we can handle the rest over the phone or via email

After gathering preliminary information, Granados Law Group can ensure that your expungement is filed with the court and proceeds pursuant to the statutory provisions of North Carolina law. This process requires that your expunction be approved by a number of officials, including a judge, district attorney, the North Carolina State Bureau of Investigation, and the North Carolina Administrative Office of the Courts.

Since an expungement requires the coordination of so many different parties, it is often a lengthy process and could require several months to complete. Our law firm does everything possible to make sure your expungement proceeds as quickly as possible.

Once the judge grants your expungement, your criminal record is destroyed in all court records, as well as in many administrative agencies that hold those records (DMV, Sheriff, etc.).

How Long Does it Take?

All cases are unique, but generally, you’re looking at around six to twelve months to complete the process for conviction petitions. Dismissal petitions can be processed somewhat quicker, typically within three to six months, as they are processed locally in the county clerk’s office and do not have to go through the same process as convictions Every North Carolina county has different processes and procedures for expungements, so it is important to understand that there is a wide range of variability when it comes to processing times.

Not Eligible for an Expungement?

If you’re not eligible for an expungement, a “certificate of relief” might help you with the problem that your conviction poses. Our office does NOT handle Certificates of Relief, but you can reach out to Legal Aid to see how a certificate of relief might help you with the job or license you’re trying to get.

A certificate of relief is a court order that can ease some of the collateral consequences of a conviction, such as barriers to housing, employment, or certain licenses. It does not erase or expunge the conviction, but it can show employers, landlords, and licensing boards that a judge has reviewed your record and found you deserving of relief.

North Carolina’s certificate-of-relief law has been in place since 2011 and remains important for people who do not qualify for expunction under current statutes. Recent reforms, including the Second Chance Act, have expanded expunction options for some nonviolent offenses and dismissed or “not guilty” charges, but many people still rely on certificates of relief to reduce the impact of an older conviction.

Under the new act:

• Certain misdemeanor and felony charges that resulted in a “not guilty” disposition on or after December 1, 2021, are automatically expunged. This means that individuals no longer have to petition the court, unless they wish it be handled more quickly than the courts typically process those matters.
• People can ask the court to expunge most misdemeanors or Class H or I felony they were convicted of at age 16 or 17 if the offense happened before December 1, 2019. This also includes offenses like assaults that would typically be barred under an adult petition. Sexual battery is still notably ineligible for expungement under all petitions.
• Even if someone has a felony on their record, that felony no longer blocks them from expunging charges that were dismissed or resulted in a not-guilty verdict.
• Prosecutors cannot initiate petitions for expunction or dismissed charges under certain circumstances.
• A person who has had seven years of good behavior may petition for expunction as long as their offenses were all nonviolent misdemeanors.

An attorney can review your record and explain your options and eligibility for expuntion.Even with recent reforms, certain offenses remain ineligible for expunction or for removal of mandatory collateral consequences.

North Carolina still bars relief for offenses requiring sex-offender registration, crimes involving serious violence, and any Class G felony or higher when applying for a certificate of relief or expunction.

Why You Should Hire an Expungement Lawyer

If you are seeking an expunction in North Carolina, your first course of action should be to hire an expungement lawyer. A Cary expungement attorney can manage your case to ensure that you do not experience delays due to missing affidavits or unaddressed pending charges or restitution orders. Your lawyer can explain how expungement laws apply to your case. Expungement cases are highly complex, which makes legal representation crucial for securing a favorable outcome.

FAQs

Do I Need a Lawyer to File for Expungement?

You are not obligated to hire a lawyer to file for an expungement in North Carolina, but many people choose to do so due to the many benefits of legal representation. The expunction process is complex. For example, you must file in the county where you were convicted. Your lawyer can also ensure that the correct agencies are petitioned under AOC-CR-285 during the process, so you fulfill the steps required.

How Much Does an Expungement Cost in NC?

There is a $175.25 filing fee for certain expungements. Additional fees may apply, and you must pay all restitution ordered by the court before your expunction can be granted. On top of that, there are typically legal fees associated with the expunction process. Your attorney can provide details on the costs associated with the expunction process.

Why Does Expungement Take So Long?

Most North Carolina expungements can take several months, but some petitions can take longer, depending on workload at the State Bureau of Investigation, the Administrative Office of the Courts, and the county judge reviewing the petition. Cases involving multiple agencies or older records can extend past six to twelve months. In addition, some cases have required waiting periods. Your attorney can explain the process for your specific case.

Contact a Trusted Cary Expungement Lawyer Today

A criminal record can be a serious setback in Cary, but it does not have to limit your long-term goals. Working with an expungement lawyer in Cary ensures you understand your options and the steps necessary to petition for relief under North Carolina law.

An experienced attorney can evaluate your record to see if you qualify for expunction under the law. Then, they can guide you through the court process with clarity and professionalism. If you’re ready to take the next step toward a clean slate, contact Granados Law Group today to discuss your eligibility and learn how an expungement petition could help you start fresh.