Petition and Orders of Expunction Under GS 15A 146A

PETITION AND ORDER OF EXPUNCTION UNDER G.S. 15A-145.2 (DRUGS/DRUG PARAPHERNALIA)

In The General Court Of Justice

District Superior Court Division

STATE OF NORTH CAROLINA

County

PETITION TO EXPUNGE

I hereby petition for an expunction pursuant to G.S. 15A-145.2(a) and certify as follows: (1) I was charged in the county named above, I have been discharged and the charge has been dismissed under G.S. 90-96(a) or (a1). (2) I was not over 21 years of age at the time of the offense(s) listed above. (3) I have attached to this petition the affidavits required by G.S. 15A-145.2(a).

I hereby petition for an expunction pursuant to G.S. 15A-145.2(b) and certify as follows:

1. I was charged with (i) the misdemeanor shown above under Article 5 of Chapter 90 of the General Statutes by possessing a controlled substance or (ii) the felony shown above under G.S. 90-95(a)(3) by possessing less than 1 gram of cocaine. a controlled substance.

2. The State dismissed the charge or entered a nolle prosequi, or I was found not guilty or otherwise adjudicated innocent.

3. I was not over 21 years of age at the time the offense for which I was charged occurred.

I hereby petition for an expunction pursuant to G.S. 15A-145.2(c) and certify as follows:

1. I pled guilty to or was found guilty of (i) the misdemeanor shown above under Article 5 of Chapter 90 of the General Statutes by possessing a controlled substance or under G.S. 90-113.22 by possessing drug paraphernalia or (ii) the felony shown above under G.S. 90-95(a)(3) by possessing less than 1 gram of cocaine. a controlled substance.

2. At least twelve months have passed since the date of conviction.

3. I have not received a previous expunction under G.S. 15A-145.2(c).

4. I was not over 21 years of age at the time of the offense(s) listed above.

5. I have been of good behavior since my conviction.

6. I have successfully completed an approved drug education program. request the Court waive such program (attach explanation).

7. I have not been convicted of a felony or misdemeanor other than a traffic violation under the laws of this State at any time prior to or since the conviction for the offense in question, nor of any offense under any statute of the United States or any state relating to controlled substances included in any schedule (or in Article 5, if my conviction was before January 1, 2012), or drug paraphernalia included in Article 5B, of Chapter 90 of the General Statutes. (required for convictions on or after Jan. 1, 2012) nor of any felony offense under any state or federal laws.

I certify that this petition under the statute identified above and all affidavits required under that statute have been filed in this case and that the information set forth above is a complete and accurate statement of the information on file in the office of the clerk of superior court. For any petition under subsection (a) or (c), I hereby request and authorize a name-based State and national criminal record check by the NC Department of Public Safety and a search of the confidential record of expunctions maintained by the NC Administrative Office of the Courts.

REQUEST BY JUDGE

Petitioner Petitioner’s Attorney

NOTE TO PETITIONER: List the arresting agency and any State or local government agency that has a record of your case. You must provide complete information for each agency.

Check here to indicate that additional agencies are identified on an attachment to this petition.

CRIMINAL HISTORY RECORD INFORMATION

To Any Presiding Judge In The Above-Named County And Court: (Confidential)

I have conducted a search of the criminal records of the North Carolina State Bureau of Investigation and the Federal Bureau of Investigation, based on the information provided, which has not been verified by fingerprint comparisons, and certify that

there is no criminal record for the petitioner other than the offense(s) identified on the reverse of this form.

the Criminal History Record Information which is attached is a true and accurate statement of all information contained in the criminal records of the State and Federal Bureaus of Investigation for the petitioner identified on the reverse side of this form.

REPORT BY ADMINISTRATIVE OFFICE OF THE COURTS

To Any Presiding Judge In The Above-Named County And Court: (Confidential)

I have searched the confidential file containing the names of all persons granted an expunction in North Carolina and certify that

there is no record under the name of the petitioner of any expunction under any statute of North Carolina.

there is a record under the name of the petitioner identified on the reverse side and it is attached to this form.

FINDINGS OF FACT

After a hearing on the petition the Court makes the following findings of fact:

1. The petitioner is seeking an expunction under G.S. 15A-145.2(a) and

The petitioner has been dismissed and discharged under G.S. 90-96(a) or (a1).

The petitioner was not over 21 years of age at the time of the offense(s) listed above.

The petitioner attached to this petition the affidavits required by G.S. 15A-145.2(a).

2. The petitioner is seeking an expunction under G.S. 15A-145.2(b) and

The petitioner was charged with the misdemeanor or felony listed above.

The State dismissed the charge or entered a nolle prosequi, or the petitioner was found not guilty or otherwise adjudicated innocent.

The petitioner was not over 21 years of age at the time the offense with which the petitioner was charged occurred.

3. The petitioner is seeking an expunction under G.S. 15A-145.2(c) and

The petitioner pled guilty to or was found guilty of the charge(s) shown above.

At least twelve months have passed since the date of conviction.

The petitioner has not received a previous expunction under G.S. 15A-145.2(c).

The petitioner was not over 21 years of age at the time of the offense(s) listed above.

The petitioner has been of good behavior since the petitioner’s conviction.

The petitioner has successfully completed an approved drug education program.

need not complete a drug education program (attach explanation).

The petitioner has not been convicted of a felony or misdemeanor other than a traffic violation under the laws of this State at any time prior to or since the conviction for the offense in question, nor of any offense under any statute of the United States or any state relating to controlled substances included in any schedule (of Article 5, if the conviction was before January 1, 2012), or to drug paraphernalia included in Article 5B, of Chapter 90 of the General Statutes. (required if conviction was on or after Jan. 1, 2012) nor of any felony offense under any state or federal laws.

4. The petitioner is is not eligible for an expunction under any of the statutes on Side One. If not eligible, it is because:

ORDER

Therefore, the Court hereby ORDERS:

1. The petition is granted. It is ordered that any and all entries relating to the petitioner’s arrest, indictment or information, trial, or conviction shall be expunged from the records of the court. All law enforcement agencies, the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, the Division of Motor Vehicles, and any other State or local government agency identified on Side One and on any attachment to this petition shall expunge from all official records any entries relating to the proceeding. The Division of Motor Vehicles shall not expunge records for which expunction is otherwise prohibited by G.S. 15A-151.

2. For the reason(s) identified in Finding No. 4, the petition is denied.

NOTE TO CLERK: If denied, file this Order in the case file. Upon expiration of the deadline for appeal from a denial of this Order, destroy any documentation provided with the petition, such as a criminal history report and any NCAOC report of prior expunctions. If granted, send a certified copy of this Order to the petitioner at the address listed on Side One or an updated address as provided by the petitioner.

CERTIFICATION BY CLERK

I hereby certify that this form is a true and complete copy of the original in this case, and if granted, a certified copy of this Order was sent on the date shown below to the petitioner, the State Bureau of Investigation, the Department of Public Safety, the Division of Motor Vehicles, and to the arresting agency and any other State or local government agency identified on Side One and on any attachment to this petition.

Clerk Of Superior Court

Dep. CSC Asst. CSC