Interesting information about Expungement rules in North Carolina

I get a lot of calls about expungement on You and the Law, my public service legal call-in show on Tuesday mornings on WSJS, 600 AM.

Here is a quick summary of the law.

The law governing expungement is completely  statutory, which is found in Chapter 15A of the North Carolina General Statutes, largely covered in GS 15A-145 and 146. These statutory provisions are provided by most library branches around the state.

You cannot generally get an expungement for a felony conviction, unless that felony has been later dismissed or you receive a pardon.  If you have been indicted on a felony charge and that charge is dismissed or you are found not guilty, you can get the charge expunged from the record, if you have not had another matter expunged.

The expungement laws mainly cover misdemeanors other than traffic violations.  There are various specific provisions for young offenders, certain drug offienses, and others.  Generally, you are limited to one expungement.

There are a number of technical and substantive requirements, including being of otherwise good behavior for two years, among others.

If a charge or conviction is expunged, it effectively takes the misdemeanor or charge off the public record, except for certain law enforcement personnel and the court.

If a matter is expunged, you can state honestly, as the statute specifically recites, that you have not been charged or convicted. Only in rare circumstances must you disclose the charge, such as when you apply to take the bar examination to become a North Carolina lawyer.

Expungement law is very technical and complicated, and any attempt to have a charge expunged should be handled by an attorney.

This general summary of expungement law is just that: a general summary of the main provisions.  There are lots of specific exceptions.  So this summary should not be taken as legal advice on which you can relay.  And no attorney-client relationship is established by providing this general information as a public service.

Interesting laws to you and your family

I receive a lot of interesting calls on my public-service legal call-in show, "You and the Law," on WSJS 600 AM on Tuesday mornings from 9:00 am until 10:00 am.  One recent call concerned matters important to many of us.

What is your duty to someone who comes onto your property?

As homeowners we have a duty to exercise reaonsable care in the maintenance of our property for the protection of lawful visitors.

If you know you have a loose brick on the steps to your front door, and a visitor turns their ankle because the brick pops out, you could be held liable.

What about someone entering your property without your knowledge?

A landowner need only refrain from the willful or wanton infliction of injury towards a trespasser.

What if you did not invite anyone to your property, but you know they are using it?

You can give implied permission to be on the land.  This may raise your standard of care to the reasonable care standard, rather than the "willful or wanton action" standard.

Years ago I had a client who knew kids were racing their four wheelers down an old logging road.  The owner got mad and put up a chain across the road which could not be seen at night.  A teenager got hurt when his four wheeler hit the chain and threw him.  This was a problem.

When in doubt, assume the higher duty of care. Talk about potential problems with your insuance company and your lawyer. And consider purchasing an all-risk umbrella policy.

This information is provided as a public service and should not be taken as legal advice upon which you should act without consulting your attorney.  No attorney-client relationship is created by providing this information.