What Is the Difference Between an Expungement and a Pardon in North Carolina?
If you want to clean up your criminal record in North Carolina, you may be a little unsure about how to proceed. After all, there are a few different options available to you. Legal terms like “expungement,” “pardon,” and “dismissal” may not make much sense to you. However, it is important to understand these terms if you want to maintain your reputation and address your criminal record.
A clean criminal record can be a serious benefit. You may be searching for a job in Mooresville that requires a background check. Perhaps you are worried that your neighbors or loved ones might find out about your troubled past. Or maybe you simply want to have the weight of your criminal record lifted from your shoulders.
Whatever the case may be, it is important that you enlist the help of a qualified attorney who can help you take the correct steps forward. Cleaning up your criminal record can be a demanding process that takes months. An attorney can help you with a variety of tasks, such as paperwork, compiling evidence, and communicating with the Iredell County Clerk of Superior Court. With a legal expert by your side, you can take the stress out of this process and feel confident about your chances.Pursuing Expungement
One of the most effective ways to clean up your criminal record in North Carolina is to pursue an expungement. Although the word might sound complex, the concept is relatively straightforward: Once you get an expungement, your criminal records will be sealed from public view. For all intents and purposes, it is like you have never committed a crime. You are even allowed to tell people that you’ve never been charged with a crime in the past after getting an expungement.
There are a number of things you need to keep in mind when getting an expungement:
- Only certain crimes are eligible for expungement. Most of these crimes include nonviolent felonies and misdemeanors.
- You will need to file an expungement petition at the clerk’s office within your local county. If you live in Mooresville (Iredell County), you’ll need to file your petition through the Iredell County Clerk of Superior Court.
- The State Bureau of Investigation will examine your petition, and this process can take several months.
- You may be called to a hearing to face a judge, especially if the judge has questions for you regarding your past crimes and your expungement hearing. The district attorney may also raise objections during this hearing.
If everything goes to plan, the judge will sign your expungement petition, signifying their approval. However, it is worth mentioning that it is not as simple as filing a petition and waiting for approval. You will have to overcome a number of potential issues pertaining to your petition, and this is why it is important to get help from a qualified attorney during this process.Can’t I Get a Pardon Instead?
If you wish to deal with your criminal record, you may be trying to decide between an expungement and a pardon. Although these two legal concepts are similar, they also have their fair share of differences.
The first thing you need to know is that a pardon is typically much more difficult to achieve compared to an expungement. The governor of North Carolina only grants a handful of pardons per year, and most attorneys agree that you will have a better chance of pursuing an expungement.
In addition, a pardon does not seal or “hide” your criminal records from public view in the same way as an expungement. Your records will still be visible, a pardon “attaches” to your charge.
There are a number of different pardons you can pursue. These include a Pardon of Innocence, a Pardon of Forgiveness, and an Unconditional Pardon. If you are already in jail and your charges have been dismissed because of new information that shows your innocence, a qualified attorney can help you pursue a Pardon of Innocence.Other Methods
You can also have your charges dismissed and avoid criminal records before you even serve jail time or receive criminal charges. For example, an attorney can fight to have your charges dismissed during the court proceedings.
On the other hand, your attorney may convince the court to enroll you in a first-time offender program if you are eligible. These programs help you defer your sentence and avoid a criminal record as long as you follow a strict set of rules over a period of time. These programs can involve things like drug treatment or community service in Mooresville.Getting Legal Help
If you want to clean up your criminal record, you need to connect with a qualified attorney who will fight for your reputation. Reach out to Arnold Smith Law, PLLC today, and we will help move on and escape the shackles of your past.