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WHAT IS AN EXPUNGEMENT?

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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.

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COLLINS LAW FIRM
Oleander Oaks
5725-F2 Oleander Drive
Wilmington, NC 28403

(910) 793 - 9000
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Toll Free: (866) 793 - 9001
Fax: (910) 793-9400
Email:  dcollins@attydc.com
www.attorneydavidcollins.com
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The professional center at Oleander Oaks is on Oleander Dr., 2.2 miles east of College Rd. on the left, and one mile west of Bradley CreWe accept Visa and Master Card.ek on the right, next to the new Dunkin' Donuts and near Bert's Surf Shop, one mile from Cape Fear Hospital.

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