Charlotte Expungement Lawyer

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Charlotte Expungement Lawyer

Any criminal conviction in North Carolina may not only lead to severe initial penalties but also long-lasting consequences that may not be immediately recognizable. A criminal record is likely to pose problems to the individual’s professional career and personal life. Even if you were not convicted of a crime but have a prior arrest record, potential employers and professional organizations may hold the record against you in considering your applications.

Charlotte Expungement Lawyer

Legal Counsel for Expungement Petitions in Charlotte, NC

If you have an arrest record or conviction record of any kind, an experienced Charlotte expungement attorney may be able to help. A successful expungement petition can remove the record in question from public visibility and prevent it from further interfering with your life. While it’s not possible to expunge some records, an attorney can provide the guidance you need to determine whether any criminal records are eligible for expungement and help you navigate the expungement process if so.

The Law Office of Kevin L. Barnett offers comprehensive criminal defense representation to Charlotte, NC, clients facing a wide range of charges. Our firm also provides counsel for expungement petitions. We know the challenges facing those with criminal records in North Carolina and the various problems these records cause. The expungement process is more complex than many petitioners expect, and reliable legal counsel is invaluable for this process.

Why Do I Need a Charlotte Criminal Defense Expungement Attorney?

Technically, there is no legal requirement to hire an attorney if you plan to petition for expungement in North Carolina. However, the expungement process is complex and multifaceted. Therefore, the average person with no formal legal experience would likely struggle in various ways to complete the expungement process successfully. In addition, any missed filing deadlines or paperwork errors can generate significant delays in the processing of a claim.

Working with an experienced Charlotte expungement lawyer significantly improves your chances of success with your petition. A good attorney will help their client meet all applicable procedural requirements and deadlines in filing their petition and then prepare them for courtroom proceedings required for their case. Ultimately, a Charlotte expungement attorney can ensure you meet the eligibility criteria for your desired expungement and dramatically improve your chances of securing it as efficiently as possible.

When you choose the Law Office of Kevin L. Barnett to represent you for an expungement, we will carefully review the details of the record in question to ensure you have merit behind your petition and are eligible to seek expungement. North Carolina law is very strict regarding granting expungements, and many people mistakenly believe they can have some offenses expunged when they cannot, or they misunderstand what expungement really means. Our team will provide the answers you need to your most important legal questions and guide you through the expungement process with a solid petition.

Eligibility for Expunged Record in North Carolina

In 2017, North Carolina approved sweeping changes to the state’s expungement laws and the related legal mechanisms used to resolve expungement petitions. To qualify for an expungement in North Carolina, a petition must meet the applicable waiting period for the record they wish to have expunged. In addition, they must pay all fines and court-ordered fees related to the record in question and provide proof of payment. The petitioner may not be on parole or probation through any other court system anywhere at the time of their expungement petition, and there cannot be any warrants or criminal summons in effect for the petitioner at this time. Additionally, the petitioner must not have any other pending criminal charges when they submit their expungement petition.

Some offenses cannot be expunged. For example, in most cases, it is not possible to have a conviction record for a violent felony expunged, nor is it possible to have any driving while intoxicated (DWI) charge expunged in North Carolina. Additionally, when a record is expunged, it will no longer be viewable to the public, but other parties will continue to have access to it. Therefore, your expunged criminal record may not pose problems with future employment or other practical issues. However, it will still apply if you are later convicted of another crime, potentially increasing your sentence.

Benefits of Expunging a Criminal Record in North Carolina

Regardless of whether you simply have an arrest record or have been previously convicted of a more serious crime, the records of your interactions with the criminal justice system could interfere with your life in various ways. Some of the problems reported from those with criminal records in North Carolina include:

  • Trouble securing financing. Banks and other lending institutions are unlikely to approve loans or other forms of financing to applicants with criminal records. This is especially true for those with property-related offenses on their records. When these individuals are approved for lending, they may face higher interest rates due to lenders viewing them as greater risks.
  • Ineligibility for financial aid for school. Some colleges and other education institutions may not approve a student for enrollment if they deem the applicant’s criminal record to be a safety risk.
  • Problems finding housing. Some rental property owners may not approve applications from applicants with criminal records. It can also be difficult for someone with a criminal record to find a willing real estate seller or mortgage lender if they want to buy a home.
  • Securing employment. While employers may not discriminate against job applicants illegally, they are likely to weigh applicants’ criminal records heavily when considering the application. As a result, an individual with a criminal record could face long-term problems finding and maintaining employment.

Many people charged and convicted of criminal offenses complete their assigned penalties and believe their criminal records are firmly behind them, only to soon discover that their records will pose many different problems in their lives. A successful expungement offers several potential benefits that could make your future much easier. Working with an experienced Charlotte expungement lawyer significantly improves your chances of success with your expungement petition.

What Does the Expungement Process Involve?

Working with an experienced Charlotte expungement attorney can make the entire expungement process much easier. Your legal team will gather the documentation needed to support your petition and walk you through the process of forming your expungement petition. You must include a complete description of the record you wish to have expunged, proof that you meet the eligibility criteria, and a compelling explanation for why you believe your expungement is justified.

Many complex statutory provisions apply to expungement petitions in North Carolina. Your attorney will ensure your petition is filed correctly and contains all necessary supporting documentation. Once the petition is filed, it must pass through a lengthy series of approvals from a Charlotte judge, the district attorney’s office, the North Carolina State Bureau of Investigation, and then the North Carolina Administrative Office of the Courts. Even carefully crafted expungement petitions can still take quite a long time to resolve due to these procedures.

Your Charlotte expungement attorney can keep you updated on the progress of your expungement. As the petition passes through the required channels, the various parties that must review and approve the petition may submit requests for more information to your legal team, and some correspondence will be necessary to resolve their inquiries. After securing all required approvals, the petition will finally come before a judge, and the petitioner will need to attend a final hearing. Your legal team can provide valuable advice and guidance so you can feel more prepared and confident in your expungement hearing.

What to Expect From Your Charlotte Expungement Lawyer

Expungement is a lengthy and difficult process in North Carolina. Still, it is much easier to approach this process with peace of mind when you have legal representation from an attorney you can trust. In addition, an experienced Charlotte expungement attorney can significantly reduce the time required to complete your petition, helping you gather all the supporting documentation you will need to support your claim.

The Law Office of Kevin L. Barnett can provide comprehensive and responsive legal representation if you need to navigate the expungement process in North Carolina. Our firm has extensive professional experience with the criminal justice system, and we understand the expungement process in close detail. We can carefully review the details of the record you want to have expunged and determine whether it is eligible. If so, you can rely on our firm to provide the ongoing legal guidance you need as your expungement petition is processed. It’s important to remember that an expungement can potentially take over a year to secure, and you’re likely to encounter some issues with the various parties that must approve your petition.

Ultimately, hiring an experienced Charlotte expungement lawyer is an investment in your own future. Removing a past criminal record can provide a wealth of opportunities for your personal and professional life, and our goal is to help you realize this potential. To discuss your expungement petition with a trustworthy Charlotte expungement attorney, contact the Law Office of Kevin L. Barnett today and schedule your consultation with us.

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