In general, if you are charged with a crime and it is dismissed or a
not guilty verdict is returned, the fact that you were charged will
remain on your record even though it is not a conviction, unless
expunged.
Expungement is a process by which criminal charges can be removed
from ones official criminal record. Generally, a person can only receive
one expungement in their lifetime. If a person is convicted of a crime
after they are 18 years of age or older, the conviction can not be
expunged. However, in some cases, it may be possible to reopen a case
and have the charge dismissed, and thereafter have it expunged.
Persons under the age of 18 who are convicted of misdemeanors may
receive expungements in some circumstances. Otherwise, only charges
which have been dismissed or found not guilty may be expunged.
In North Carolina, a person can have one expungement for a criminal
charge (or set of related charges, or unrelated charges which all
occurred within a 12 month period or which were all disposed in the same
term of court) for which they were acquitted (that is when the charges
were dismissed or the defendant found not guilty).
An important factor to consider about expungements is that private
institutions may collect records between the time the criminal charge is
issues and the time it is expunged. Therefore, if you chose to have a
charge expunged, you should do so as soon as possible to reduce the
likelihood that a private company collects the information which they
may keep forever. Also, even if a charge is expunged, it would be
dishonest to deny the fact that one was charged.
Please feel free to schedule a consultation with us if you would like
more information about expungements.