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How long would I have to wait to get a a DWI expunged that I received in North Carolina?
Anonymous10 views3 answers
Received a Level 5 DWI-misdemeanor, with 24hrs community service and 12 month limited driving privilege. I current reside in Virginia. If there is a length of time do i have to abide by NC regulations? What can I do expedite this process? What would be a rough estimate of getting this type of issue resolved.
Scott L. WilkinsonCriminal Defense AttorneyRaleigh, NC ·
since you were convicted of a dui, as opposed to having been found not guilty or having the charge dismissed, the answer depends on your age at the time of the commission of the offense (dui).
if you were under 18, you are required to wait 2 years from the date of the conviction or the date of the completion of any period of probation, whichever occurs later, before your are eligible to file for an expungment (and it must be done in the state/county of conviction). if you were over 18, you are required to wait 15 years from either the date of conviction or period of probation. there is no way to expedite the process under these circumstances.
in addition to the waiting period, you cannot have previously received an expungment in any other case (you only get 1 per lifetime in n.c.), and you cannot have been convicted of any other felony or misdemeanor offense (other than traffic violations) in n.c. or under the laws of the united states or any other state, at any time prior to the filing for expungment (not just prior to your dui conviction). you will also be required to submit an affidavit from yourself and at least two people who are not related to you by blood or marriage attesting to your good character/reputation in the community.
as for a rough estimate, given the number of affidavits involved, you're probably talking in the range of $750-$1,000 in terms of legal fees. hope this helps.
It matters. How old are you? If you are over 18, you must wait 15 years. You cannot expedite this. You also cannot have an expungement of any other conviction before.