Can my DWI be expunged in North Carolina?

Criminal Record Expungement PaperworkIf you are charged with even a first offense DWI in North Carolina, you face harsh penalties, such as a jail sentence, fines, and driver’s license suspension. You also face the long-term consequences of a permanent criminal record. Unfortunately, expungement of your DWI is only possible under limited circumstances in our state.

Does Your DWI Meet the Requirements for Expungement?

When an expungement is approved by a judge, the criminal record of the conviction is destroyed.

A new law passed in December 2017 makes it easier for some individuals to obtain an expungement of their criminal convictions for nonviolent misdemeanors and felonies.

The law reduced the waiting period for an expungement of a nonviolent misdemeanor from 15 to 5 years and a nonviolent felony from 15 to 10 years. It also eliminated the number of expungements a person would be entitled to when a criminal charge is dismissed or the person was found not guilty.

Unfortunately, DWI’s are excluded from the definition of nonviolent misdemeanors under this law and are ineligible to be expunged. You are only able to obtain an expungement of a DWI in very limited circumstances. This includes:

  • Your DWI case was dismissed.
  • You were found not guilty of DWI at a trial.

How to Get Your DWI Expunged If You Qualify

If your DWI was dismissed or you were found not guilty, your criminal case is not automatically expunged. You must file a petition in the county where your DWI case was being heard. You should retain an experienced DWI lawyer to file your petition to be certain that the proper procedures are followed and so that it is granted.

Because of the harsh penalties and long-term consequences you face if convicted of DWI in Charlotte, it is crucial to retain an experienced DUI attorney as soon as possible after your arrest. He can help you mount a strong defense that can result in the charges being dismissed or reduced to a less serious offense that can be expunged—even if you are guilty. To learn how our dedicated legal team can help you, contact our office to schedule a free consultation today.

 

C. Todd Browning
Charlotte Criminal Defense and DWI Lawyer

Our Approach To DWI Cases

WE WILL GET YOU DRIVING AGAIN
Simply being charged with DWI in North Carolina often results in your driver’s license being revoked for a minimum of 30 days. However, we can typically get your driving privileges reinstated almost immediately. We do this by either, first, challenging this civil license revocation, or second, getting you a limited driving privilege.
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WE WILL GATHER EVIDENCE
Whether you realize it or not, a considerable amount of evidence exists regarding your DWI charge, much of which is vital to an effective defense of your case. We will review your court file, subpoena necessary documents, videos, and notes, and file the appropriate pretrial motions in a timely manner.
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WE WILL FIGHT FOR YOU IN COURT
As former prosecutors, we are aware of all the potential defenses that may be available to you. We do not automatically assume you intend to plead guilty and face the harsh consequences associated with a DWI conviction. We pledge we will examine every possible defense and take your case to trial if it is in your best interest.
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WE WILL MITIGATE CONSEQUENCES
While it’s our goal to win every DWI case we have, it’s simply not possible for any attorney to win every time. If you are ultimately convicted of DWI, we will help you take every step possible to reduce the potential penalties, such as avoiding jail time, keeping you driving, reducing monetary costs, and more.
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