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What is expungement in criminal law?

What is expungement in criminal law?

To “expunge” is to “erase or remove completely.” In law, “expungement” is the process by which a record of criminal conviction is destroyed or sealed from state or federal record. Expungement proceedings, however, must be ordered by a judge, or court.

How does expungement work in the criminal justice system?

Expungement. In the common law legal system, an expungement proceeding is a type of lawsuit in which a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed, making the records unavailable through the state or Federal repositories. If successful, the records are said to be “expunged”.

Are there limits to the expungement of a criminal record?

Limits of expungement. A criminal record can only be expunged by the jurisdiction in which it was created. The federal government cannot order the expungement of state criminal records. States cannot order the expungement of records from other states or jurisdictions.

Can you get an expungement in North Carolina?

In North Carolina, you can expunge certain crimes from your criminal record. An expungement essentially gives you a fresh start – it basically erases the crime so the general public can’t tell it ever happened. Under NC expungement law, you may be eligible for criminal record clearing if you: Were arrested but never charged.

Is it possible to get a felony conviction expunged?

The availability of expungement, and the procedure for getting an arrest or conviction expunged, will vary according to several factors, including the state or county in which the arrest or conviction occurred. In some jurisdictions, it’s not possible to get an expungement.

What offenses can be expunged?

Common felonies that can be expunged include: Driving Under the Influence (DUI); Domestic Violence; Drug Possession; Theft and other Fraudulent Crimes.

What does expunged mean legally?

Expungement Law and Legal Definition. Expungement is the process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges. State laws, which vary by state, govern the expungement of criminal records.

How much does it cost to expunge a criminal record?

For most, to expunge a single record, the costs can range anywhere from $500 to $1,300 in legal fees but can easily be as much as $5,000+ in the case of multiple records and for those who live in a high cost of living area. This would not include the court fees, which we get into next.

Can felony records be expunged?

Not everyone is eligible to have a felony expunged from their record. Most first time felons can have a felony expunged. Unlike clemency which can be granted by the President of the United States, in the case of a Federal felony, or the governor or Pardon Board official in the case of a state felony,…