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New North Carolina Expunction Takes Effect in October

Starting in October 2013, a new expunction became available to citizens of North Carolina in the fight to clean up past mistakes on their criminal record. North Carolina General Statute 15A-145.6 allows certain prostitution convictions to be expunged for nonviolent offenders.

Those falling under this statute must have been convicted of a prostitution offense – whether found guilty or having pled guilty – AND  they must also fall into one of the following three categories: (a) the petitioner’s participation in the offense was a result of being a victim of human trafficking or sexual servitude; (b) the petitioner has no prior convictions for prostitution and three years have passed since the completion of the sentence for the conviction in question; or (c) the petitioner received a conditional discharge pursuant to N.C.G.S. 14-204(b).

Further, to avail oneself of this new statute, the individual also – (i) must have not previously been convicted of any violent felony or misdemeanor anywhere within the United States ; (ii) been of good behavior since the offense in question and not subsequently convicted of any felonies or misdemeanors, other than traffic violations; (iii) have no outstanding warrants, pending cases, outstanding restitution orders, or other outstanding civil judgments against; and (iv)have not previously been granted an expunction.

The North Carolina legislature has continued to pass new expunction laws as well as alter old expunction laws each legislative term. The Clifford Division’s blog will keep you informed of any new changes in the law. An expunction for your specific situation may be in the works so keep an eye out.

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