Can I get my drug charge expunged?

Making a mistake is part of human nature. Most of the time when we make a mistake, we learn from it and never do it again. There are usually no lasting ramifications. However, if the mistake you make in North Carolina is of a legal nature, then there will be consequences. This is especially true of drug crimes. However, you may have the option of sealing your criminal record through expungement.

It is important to understand not every drug crime is expungable. The North Carolina General Assembly explains that you can only expunge a drug charge if you are a first-time offender and you were under the age of 21 at the time of conviction. If you do not fit that profile, you cannot erase the charge.

It is also imperative to know that you cannot have another conviction, either a misdemeanor or a felony, and that you must have shown good behavior since your conviction. You may also have to complete a drug education course unless the judge waives this requirement because there is no convenient course for you to take or he or she otherwise feels it is not necessary.

If your charge is a felony, you must wait 12 months to start the expungement process. Otherwise, as soon as the court discharges or dismisses it, you can begin the process. Regardless of when you can file, you also must pay a $175 fee. You may also want to have legal assistance with filling out the required forms. This information is for education and is not legal advice.