Attorney Jonathan McCollum in North Carolina handles a variety of business and regulatory matters, the focus of his practice is on Family Law (Divorce & Legal Separation), as well as Real Estate transactions. For more information about this Lawyer, please click here.
Janet Pittman Reed has been licensed for 30 years and handles cases in Divorce & Separation. This attorney works in Jacksonville, NC and attended University of Florida, Fredric G. Levin College of Law. She was admitted in North Carolina in 1997. For more information, click here.
At the event for Onslow, Duplin, Sampson, and Jones Counties, attorney referrals will be available for free 30-minute consultations for those seeking to expunge criminal cases. Attorneys from other counties may also be available for on-site consultations.
Jacksonville-based attorney Janet Reed, in cooperation with community organizations, is offering a seminar on March 23, 2019 at the Public Safety Building, 1pm to 3pm, on the issue of expunction of criminal records. Lunch will be provided, as well as door prizes, and community resources. At the event, the presenters will explain Barriers to Reentry to Society focusing on Expunction and Driver’s License Restoration.
One unfortunate after-effect of even small missteps is that they stay on the record for many years. This may prevent someone from getting a job, renting an apartment, or even getting a home loan. In sum, having a criminal record can haunt you for the rest of your life, even when the event was long ago and you are a completely different person now.
The potential solution is called “expungement” “or expunction.” In the common law legal system, an expungement proceeding is a type of lawsuit in which someone with a criminal matter on record seeks that that matter to be sealed. When a judge grants such an expungement, it is, for many purposes, like the event never occurred.
Qualification for an expungement of an arrest, investigation, detention, or conviction record is based on the law of the jurisdiction in which the record was made. Usually, the person requesting expungement, called “Petitioner,” must meet several requirements.
This is a complicated area of the law, and it is advisable to at least consult with an attorney before beginning an expungement proceeding, even if one wishes to proceed “pro se” (meaning without an attorney).
The North Carolina Judicial Branch provides relevant information on its website at https://www.nccourts.gov/documents/forms/petition-and-order-of-expunction-under-gs-15a-1455-nonviolent-felony-or-nonviolent-misdemeanor-instructions-for-petition-and-order-of-expunction-under-gs-15a-1455-nonviolent-felony-or-nonviolent-misdemeanor, entitled “Petition And Order Of Expunction Under G.S. 15A-145.5 (Nonviolent Felony Or Nonviolent Misdemeanor); Instructions For Petition.”
The List of required affidavits under G.S. 15A-145.5(c) includes: (1) An affidavit by the petitioner that the petitioner has been of good moral character since the date of conviction of the nonviolent misdemeanor or nonviolent felony and has not been convicted of any other felony or misdemeanor, other than a traffic violation, under the laws of the United States or the laws of this State or any other state. (2) Verified affidavits of two persons who are not related to the petitioner or to each other by blood or marriage, that they know the character and reputation of the petitioner in the community in which the petitioner lives and that the petitioner’s character and reputation are good. (3) A statement that the petition is a motion in the cause in the case wherein the petitioner was convicted. (4) An affidavit by the petitioner that no restitution orders or civil judgments representing amounts ordered for restitution entered against the petitioner are outstanding.
But the court documents also caution that the expunction of one’s case information from the records of the court and of other State and local government agencies does not guarantee that the information will be expunged from all other sources. Private companies routinely acquire copies of criminal records from State and local criminal justice agencies. Certain private entities are required to expunge your case information upon receiving notice of the expunction order, but there may be a delay between entry of the order of expunction and deletion from the entity’s records. Further, that duty to expunge does not apply to all private entities. If a private entity distributes information about your expunged case, contact the private entity to determine which government agency was the source of the information, and then contact that government agency to determine whether or not the expunction order was received.
For further information, please contact The Law Office of Attorney Janet Pittman Reed, Phone: (910) 381-1758, firstname.lastname@example.org
About Janet Pittman Reed
Janet P. Reed is an attorney in Jacksonville, North Carolina, and handles Family Law cases such as Divorce & Separation, Personal Injury, Traffic, Criminal Law, Driver’s License Restoration Services, and Civil Litigation cases.
Attorney Profile: https://solomonlawguild.com/janet-p-reed