Expungement Lawyer — Harnett & Wake Counties

An expunction removes a charge from the public record: the arrest, the court file, and the entries held by the agencies that reported them. It is not the same as a dismissal, and it does not happen automatically in every case. Eligibility depends on the charge, the outcome, the person’s age at the time and the time that has passed since the case ended.

The Law Offices of Wunsch and Cruz reviews expunction questions involving Harnett and Wake County records, including dismissed charges, arrests that did not result in charges, and older convictions that may qualify.

What an expunction does

Under Article 5 of Chapter 15A, an expunction order directs the court and the reporting agencies to destroy or remove the records. For most purposes the person can treat the matter as not having occurred, including in employment applications. There are exceptions: law enforcement and the courts can access expunged records in defined circumstances, and a subsequent criminal case may involve disclosure.

It does not remove civil liability, a protective order, a driver’s license suspension arising from the same event, or records held privately by a business.

Common categories

• Dismissed or not-guilty charges, which often qualify after a short waiting period, and in some cases automatically under the state’s automatic-relief provisions.
• First misdemeanor convictions for certain offenses, where the statute sets eligibility and a waiting period after the sentence ended.
• Charges against a person who was under a specified age at the time of the offense, which follow different rules.
• Charges that were never filed or were voluntarily dismissed by the prosecutor, which may be covered by separate provisions.

Each category has its own eligibility requirements. A petition can be denied if those requirements are not met. It must identify the charge, the court, the disposition and the statutory basis for the request.

The petition process

A petition is filed in the county where the case was disposed. The district attorney’s office reviews it and may object, and the court then decides on the record. Some petitions are granted on the papers; others need a hearing. If a petition is denied because of a filing error, a corrected filing may be possible.

Reviewing your court record

Before filing, review the disposition record to confirm the case number, the exact offense, the sentence imposed and the date it ended. Whether a charge was dismissed, deferred or reduced can affect eligibility, so it is important to check the court record.

What to bring to the first meeting

• The case number and county, or enough detail to locate the record.
• Any disposition paperwork, judgment, or dismissal notice.
• Dates of arrest, sentencing and completion of any probation or community service.
• Any prior expunction petitions.

Talk with the firm

To discuss whether a charge can be expunged and how long the process may take, contact the firm or call our Lillington office at (910) 814-8777. For Fuquay-Varina appointments, contact our Fuquay-Varina office. Our criminal defense page explains representation in criminal cases, and our practice areas page lists the other matters we handle.