Though getting arrested and having charges filed against you does not necessarily mean you will face a conviction, the charges themselves could still remain on your record. You may feel as if these charges have haunted you for years, as marks with any relation to criminal activity could affect various areas of your life. If you miss out on a job, place of residence or any other type of opportunity due to an arrest or conviction, you may wonder whether you could ever get out from under the indiscretion.
Depending on the specific circumstances of the arrest or conviction, you may have the opportunity to have the mark expunged from your record. Expungement involves clearing your record in a manner that no longer requires you to divulge the criminal incident when asked, and the information will no longer show up in records. However, several varying qualifications exist that you must meet in order to move forward with the process.
Qualifying factors
Because expunging arrests or convictions from criminal records can have a considerable impact, not everyone has the ability to take advantage of such an opportunity. Some of the qualifying factors pertain to the following:
- Time since the arrest or conviction
- Severity of the crime
- Other marks on your criminal record
- Nature of other marks on your record
In many cases, if you have faced charges or a conviction for sex-related crimes, you likely will not qualify for expungement as most individuals view this type of offense as particularly severe. Additionally, North Carolina laws could play specific roles in the qualification process.
Application
If you hope to have your record cleared through expungement, you must go through an application process. You can file a petition with the court in order to provide the appropriate forms and documents relating to your request. This part of the process can play a vital role in the review of your record. If you fail to include important documents or information, your petition may have little opportunity to work for you.
Because you undoubtedly want to approach the process in the best manner possible, you might wish to consult with an experienced attorney. Legal professionals have valuable knowledge on the expungement process and could help you determine whether you potentially qualify. Additionally, your legal counsel could assist you in gathering the necessary information for your application in order to build a meaningful case.
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