General Practice

Grear Law is a general practice law firm that handles both Civil and Criminal cases.  Some areas of practice are Consumer Bankruptcy, Automobile Accidents, Workers Compensation, Social Security Disability, Traffic Tickets, Wills, Credit Repair, Estates and Business Formations.  Also included in its practice are criminal record expunction, powers of attorney and deed preparations. 

Expunction of records PDF Print E-mail

Although there are several statutes with options that provide for records to be expunged, § 15A‑146 provides a general concept of how they work.  For some in or entering the job market, expungement offers them an opportunity to legally answer "no" when asked if they've ever had a criminal conviction.  

§ 15A‑146.  Expunction of records when charges are dismissed or there are findings of not guilty. 

(a)  If any person is charged with a crime, either a misdemeanor or a felony, or was charged with an infraction under G.S. 18B‑302(i) prior to December 1, 1999, and the charge is dismissed, or a finding of not guilty or not responsible is entered, that person may apply to the court of the county where the charge was brought for an order to expunge from all official records any entries relating to his apprehension or trial.

The court shall hold a hearing on the application and, upon finding that the person had not previously received an expungement under this section, G.S. 15A‑145, G.S. 15A‑145.1, 15A‑145.2, or 15A‑145.3, and that the person had not previously been convicted of any felony under the laws of the United States, this State, or any other state, the court shall order the expunction. No person as to whom such an order has been entered shall be held thereafter under any provision of any law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of his failure to recite or acknowledge any expunged entries concerning apprehension or trial.