Is it possible to get a misdemeanor expunged in NC if the person was barely over 18 years old?

Question

My son stupidly was caught with some pot almost 2 years ago 10 days after his 18th birthday.  He was found guilty of a misdemeanor, put on probation etc etc.  He has worked hard to clean up his act since then and is very regretful of all the crap he put us through.  

We hired an attorney for him at the time and I liked the guy a lot.  He was very helpful in guiding us through the process.  As a part of our meeting with him he told us after at least 2 years with no additional incidents my son could come back to him and work on getting this expunged.

I've done a good bit of reading on the topic and NC law lately since it won't be a lot longer until the 2 year point.  From what I've read of NC law on the matter an expungement is only possible when the crime was committed under age 18.  The law allows for alcohol violations to be expunged for those under age 21.

Our attorney was adamant at the time that my son could get this expunged.  I didn't know much about it at the time and didn't question him much about it.  I intend to move forward with this before much longer and go see this attorney again.

Will it be possible for my son to get this expunged since he was 18 at the time but only by 10 days?  Would a judge allow this to be fudged or are a judges hands tied?   What do you think?

I'm just looking for answers from people very familiar with this type of thing so please save any snarky comments for someone else.

Thanks so much for your help and taking the time to read this!

Anonymous · Accepted Answer

Who do you think is better acquainted with the law on expungements, you or the lawyer?

http://www.ncexpungement.com/nc-law/expunge-drug-offenses-for-persons-less-than-21


Here's one that claims the limit is 21.

yank · Answer

I work for a lawyer and we do expungements all the time.  For the money it is best to get a lawyer for this, though you can file yourself.  His age has little to do with anything, merely who you file with.  It's actually a little more complicated if they are younger, then there's two courts to file with, so you're lucky.  Definitely go back to your lawyer.  It sounds like he knows what he's talking about.  In NJ it's about $750 for the expungement.  Other than money, no worries.

Anonymous · Answer

YOU CAN GET MISDEMEANORS REMOVED FROM YOUR RECORD NO MATTER THE PERSONS AGE, SO LONG AS THEY HAVE NEVER HAD ANYTHING EXPUNGED PRIOR IN THE STATE OF NC. MY MOTHER IS A CIRCUIT COURT JUDGE AND WAS AN ATTORNEY FOR 20 YEARS PRIOR, SHE TOLD ME ABOUT THIS PROCESS A COUPLE WEEKS AGO (AUGUST 2013).

fabiyi · Answer

At your age, this is in all probability basically a non everlasting hormone imbalance. all the 'indications' of menopause are particularly the end results of variations in a woman's hormones, so some random fluctuation could desire to supply comparable outcomes even although you're actually not certainly dealing with meopause. while you're particularly apprehensive, and your era isn't familiar (and that i don't propose 'like well-known' I basically propose 'the comparable for some cases') in a pair months examine with your scientific expert.

candy g · Answer

can not fudge it, if it states UNDER then it will not be done just to suit your child.

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Is it possible to get a misdemeanor expunged in NC if the person was barely over 18 years old?

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