What Is the Second Chance Act in North Carolina?

For countless North Carolinians, mistakes from the past can carry lasting consequences. Oftentimes, a criminal record can make it hard to find employment, secure housing, or reestablish trust from your community. If that sounds like you, you may be asking, “What is the Second Chance Act in North Carolina?” This law was tailored to address these specific challenges. It offers eligible individuals a way to clean their records and obtain a fresh start.

Understanding North Carolina’s Second Chance Act

Officially enacted in December 2020, the Second Chance Act is one of the most important reforms in the history of North Carolina’s criminal justice system. It was designed to extend opportunities for the expungement of records. It also enhanced the process of clearing nonviolent convictions and dismissed charges for those who are eligible.

Crucial details can include:

• Immediate expungement of dismissed charges. If specific charges were dismissed or the defendant was found not guilty, their charges are immediately removed from their record.
• Extended expungement eligibility. Individuals with specific nonviolent misdemeanor or felony convictions can qualify for the clearance of their records following a waiting period.
• Protecting applicants and employers. The Second Chance Act delivers liability protections for employers who hire people with records that were expunged, fostering fairer hiring practices.

The Second Chance Act: Who Qualifies Under North Carolina Expungement Laws?

Qualifying for the Second Chance Act depends on a number of factors, such as the nature of an offense and how much time has gone by since the dismissal or conviction. Commonly, an individual may qualify if they

• Have a nonviolent felony or misdemeanor conviction and complete their sentence.
• Had their charges dismissed.
• Received a verdict of not guilty.
• Sustained a clear record since their dismissal or conviction.

While all expungement cases are unique, specific criminal records may need judicial review or a court hearing before receiving a record expungement. In 2024, North Carolina’s courts issued nearly 50,000 expunctions, showcasing how crucial legal representation can be for a case’s success.

How to Apply for Expungement in North Carolina

Under the Second Chance Act, the process of applying for expungement involves numerous crucial steps, such as:

• Confirming eligibility. It is important to first consult a lawyer. They can examine your record to determine whether your charges qualify for expungement or not.
• Filing for expungement. Those who are eligible must fill out and submit the proper forms for expungement with the clerk of the county court where the charge took place.
• Paying fees. Typically, the filing fee is $175, although some people may be eligible for fee waivers, depending on the presence of financial hardship or not.
• Completing the waiting period. During the waiting period, the court will review each petition and could request further information. If all necessary terms are satisfied, the court will then issue an order of expunction, which permanently removes qualifying records.

Due to this process’s technical nature, it is a good idea to work with an expungement lawyer to make sure all documentation is accurate while meeting the necessary deadlines.

LAWSMITH, The Law Offices of J. Scott Smith, PLLC: Hire an Expungement Lawyer

The intricacies of North Carolina’s expungement laws can be daunting, especially when rules for eligibility vary, depending on the conviction’s outcome, date, and type. An experienced attorney can:

• Analyze your criminal history for qualifying offenses.
• Complete and submit the proper affidavits and petitions.
• Represent you at all necessary hearings.
• Make sure the expungement process takes place as efficiently and quickly as possible.

Having legal representation for your case can prevent costly errors, which could harm your case. Your attorney can also assert your rights throughout the entire process.

The Impact of North Carolina’s Second Chance Act

The positive impacts of the Second Chance Act reach much more than just individuals. Employers, families, and entire communities all benefit when individuals can get their lives back together without being weighed down by past mistakes.

Oftentimes, expungement can lead to the following:

• Career advancement
• Improved job opportunities
• Better access to housing and financial aid
• Lowered rates of recidivism, allowing people to regain stability and hope

FAQs

Who Qualifies for the Second Chance Act?

Under the Second Chance Act, people could qualify if:

• They have specific nonviolent felony or misdemeanor convictions.
• Their charges were completely dismissed or resulted in a not guilty verdict.

Sustaining a clean, clear record and satisfying waiting period standards are vitally important to maintaining eligibility. An attorney from our firm’s team can determine whether you qualify or not.

Who Started the Second Chance Act in North Carolina?

The Second Chance Act was proposed and passed by the North Carolina General Assembly after it received strong bipartisan support. Then, it was signed into law in 2020 by Governor Ray Cooper. This reflected the state’s ever-growing commitment to reforming its criminal justice system and helping qualifying individuals clear their records for a fairer, more accessible future.

What Crimes Cannot Be Expunged in North Carolina?

In North Carolina, extreme offenses, such as sex crimes, violent felonies, and crimes involving minors, are not eligible for being expunged. The law is tailored to maintain public safety while providing equitable relief for nonviolent offenders. Our team of attorneys can clarify the information specific to you and your case.

How Much Does It Cost to Expunge Your Record in North Carolina?

The initial filing fee to expunge your record is $175. However, you could apply for a waiver, depending on your economic circumstances. Also, you may want to hire an expungement lawyer to enhance your chances of clearing your record. For their services, a lawyer may charge either a flat fee or an hourly rate, depending on the details of your case.

Contact an Experienced Expungement Attorney

You don’t have to let your past define your future anymore. If you’re ready to gain a fair chance at the future you want, reach out to LAWSMITH, The Law Offices of J. Scott Smith, PLLC, to determine your eligibility.