How much does it cost to expunge a DUI in North Carolina? The answer is dependent on a variety of factors related to your specific case. While many people are willing to pay to have an offense removed from their record, it’s important to understand the full scope of the expungement process, as only certain convictions are eligible to be expunged, and the cost of doing so may vary.
Expungement, also known as expunction, refers to the legal process where a judge orders the sealing of a criminal record. This process ensures that a criminal record is no longer accessible to the public. Once an expungement is granted, an individual’s criminal record will no longer appear on background checks or other publicly available sources.
However, it’s important to note that law enforcement and prosecutors still have access to sealed records. For example, a prosecution may need to look at prior offenses when charging someone with a second or subsequent DUI. If an individual is granted an expungement in North Carolina, they can legally state that they do not have a prior criminal record when asked moving forward.
The expungement process is an incredibly helpful tool for individuals with convictions that may be putting a strain on their personal and professional lives. Because expungement is only available for certain charges and to individuals who meet specific requirements, it’s important that you discuss your eligibility with a knowledgeable North Carolina expungement lawyer.
In order to “remove” a criminal charge in North Carolina, you must go through a legal process known as expungement. Expungement allows certain convictions to be sealed, allowing an individual to move forward without the weight of that charge on their criminal record. However, it’s important to understand that expungement seals a record but does not erase it. This allows law enforcement to access your sealed record if future violations occur.
Under the Second Chance Act, individuals can petition to expunge multiple nonviolent misdemeanor convictions and charges in North Carolina. The Second Chance Act also offers expanded relief for convictions from an individual’s youth, providing more opportunities for individuals to clear their records if they have a troubled past.
To qualify for expungement in North Carolina, you must meet waiting periods. For misdemeanors, you must have finished all sentencing requirements and have waited at least five years. For felonies, you need to meet all sentencing requirements and then wait at least ten years. An expunction is available for nonviolent offenses or cases where charges were dismissed. After confirming your eligibility with your lawyer, you can file a petition for expunction in court.
In North Carolina, the terms “DUI” and “DWI” are often used interchangeably but refer to the same charge. If you were convicted for driving under the influence in North Carolina, this conviction is not eligible for expungement. In 2015, the legislature amended the expungement laws to exclude DUI offenses from being sealed from a person’s record.
Other offenses that are not eligible for expungement include:
If you are facing DUI charges that are not eligible for expungement, working with a defense attorney is crucial for improving your chances of securing a favorable outcome to your case. When expungement is not an option, it is even more critical to challenge the charges against you from the start. By fighting the case and avoiding a guilty plea with help from a skilled lawyer, you can work to minimize the long-term consequences of the conviction you’re facing.
A: DUI convictions cannot typically be expunged in North Carolina. However, there are rare circumstances where you may be able to request expungement if you were charged and not convicted. To better understand the legal options available to you, you should consult with a knowledge expungement lawyer from our firm.
A: Expungement costs in North Carolina depend on the nature of the case and the associated filing requirements. Cases involving dismissed charges or not-guilty verdicts may not require a fee. However, many individuals face additional costs, such as legal fees, which can vary in price. Consulting with your lawyer ahead of time can provide you with insight into potential legal fees as well as those that will come with the expungement process.
A: In North Carolina, a DWI conviction remains on your driving record for several years, ultimately impacting your insurance rates and driving privileges. Unlike driving records, a criminal conviction for a DWI is permanent and cannot be expunged. While the duration of your charge’s impact will vary, it’s essential to understand the legal and financial consequences of a DWI and seek legal advice on minimizing its long-term effects. The length of investigations and legal procedures can vary, often depending on the complexity of the case and the charges involved.
A: The Second Chance Act allows individuals in North Carolina to petition for the expungement of certain criminal records, particularly nonviolent offenses. It also provides automatic expungement of charges that were dismissed or resulted in not-guilty verdicts. This legislation aims to offer individuals a fresh start by removing certain offenses from their records and helping them overcome barriers to employment, housing, and other opportunities.
A: Yes, a DWI conviction can impact employment opportunities in North Carolina. Employers may conduct background checks and often view DWI convictions in a negative light, particularly for positions involving driving or public safety. The severity of the impact your charge ultimately has depends on the nature of the job you’re applying for and the employer’s policies. Understanding your rights and disclosing information appropriately during interviews is crucial.
At The Law Firm of Brent D. Ratchford, our legal team is dedicated to helping clients navigate the complexities of expungement and find practical solutions that help them move forward with their lives confidently. Given that DUI convictions are often ineligible for expungement, we implore you to schedule a consultation with us so that we can adequately explore the options available to you. Contact our office today to start taking steps to protect your future.