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  1. #1
    Join Date
    Dec 2007
    Posts
    2

    Default Expunction Instructions Are Vague

    Hi, I'm a 20 year old college student (pre-law, ironically) who just had a possession of alcohol under 21 by 19/20 dismissed in November (in NC). I know that I can receive an expunction under G.S. 15A-146... the instructions I'll be referring to are at this link http://www.nccourts.org/Forms/Documents/909.pdf
    and the actual form at
    http://www.nccourts.org/forms/Documents/910.pdf

    I understand that since I am filing because of a dismissal (G.S. 15A-146) I do not need the D.A.'s signature or affidavits. However I'm confused as to how I'm supposed to get a judges signature and what judges signature do I get? Basically I don't understand the process---
    Is this form being sent back to me after every signature?
    Do I have to appear for a hearing? -to me this doesn't make sense because the expunction is guaranteed for a dismissed case where the petitioner has never received a previous expunction--and I can't figure out if there is actually a hearing I go to or not?

    If someone can just translate all of that for me I'd really appreciate it!
    I want to get this going so I can ensure that the expunction has gone through before I apply to law schools...

    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Expunction Instructions Are Vague

    I expect that you will file the form with the court and the court will either reject it for some technical reason, sign it and return it to you, or sign it and forward it to the next interested party. The Clerk's office should be able to tell you.

  3. #3
    Join Date
    Dec 2007
    Posts
    2

    Default Re: Expunction Instructions Are Vague

    Well, I have spoken with the Clerk's office where I had my case dismissed and they told me to read the instructions. I told them it didn't include where I needed to send the form or if I actually had to appear for a hearing. She then just said, again, "read the instructions they should help" and just got off the phone.

    I was wondering if my expunction had to be done at the court that dismissed my case, or could it be any court in NC.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Expunction Instructions Are Vague

    I am not aware of any state which does not follow a practice where you need to go back to the sentencing court.

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