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  1. #1
    Join Date
    Dec 2007
    Posts
    3

    Default Final Step For Expungement Returned By Judge With A Note

    I am in the state of NC and over 21.

    I have put in for an expungement to get the final signature from the Judge before making the five copies and filing them with the Criminal Clerks' office. Or Step 6 on the Instructions for applying for an Expunction Under N.C.G.S.15A-145 or 15A-146

    However, the Item was returned by the Judge with a note:

    See AOC Notations - Multiple Offenses are governed by 15-146

    (at bottom of note it states: Please return this note with your re-submittall)

    Then there are highlights on the State Bureau of Investigation - Presiding Judge paperwork:

    The attached AOC-CR-237 Form reflects the following concerns. We feel it is our obligation to bring this matter to your attention and solicit your assistance to resolve these concerns.


    -General Statute (Please see next page)

    -Multiple Offenses
    --Multiple offenses-See attached Attorney General's opinion(is checked)
    ---date of offense 7/31/2005, 3/15/2007, 4/20/2007

    -Over (at bottom of page)

    -Other
    --Please be advised that under 15A-146(a1), multiple offenses committed within the same 12 month period may be expunged

    What does this mean???? What do I do next??? I am at a stand still, because I do not understand what any of this mean. The note attached mentions re-submittal...do I need additional paperwork to re-submit?

    Any and all advice is needed. Thanks

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Final Step For Expungement Returned By Judge With A Note

    It's a reference to this:
    Quote Quoting NCGS 15A-146
    (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, or G.S. 90‑96, 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.

    (a1) Notwithstanding subsection (a) of this section, if a person is charged with multiple offenses and all the charges are dismissed, or findings of not guilty or not responsible are made, then a person may apply to have each of those charges expunged if the offenses occurred within the same 12‑month period of time or if the charges are dismissed or findings are made at the same term of court. Unless circumstances otherwise clearly provide, the phrase "term of court" shall mean one week for superior court and one day for district court. There is no requirement that the multiple offenses arise out of the same transaction or occurrence or that the multiple offenses were consolidated for judgment. The court shall hold a hearing on the application. If the court finds that the person had not previously received an expungement under this subsection, that the person had not previously received an expungement under G.S. 15A‑145 or G.S. 90‑96, 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.

    * * *
    (The entire statute can be read here.)

  3. #3
    Join Date
    Dec 2007
    Posts
    3

    Default Re: Final Step For Expungement Returned By Judge With A Note

    What does this mean???? What do I do next??? I am at a stand still, because I do not understand what any of this mean. The note attached mentions re-submittal...do I need additional paperwork to re-submit?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Final Step For Expungement Returned By Judge With A Note

    If you are eligible to expunge multiple convictions under the statute, document that to the court.

  5. #5
    Join Date
    Dec 2007
    Posts
    3

    Default Re: Final Step For Expungement Returned By Judge With A Note

    So do I just return the expungement papers to the Judge or do I have to file anything else?

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