Law Office of Michael J. Macht
4 Doctors Park, Suite J2, Asheville, NC 28801
Phone: 828-252-0002 email: mike@attymacht.com
Expunctions and Post Conviction Relief
Representation of a client will last long after a case is closed. Following the resolution of your matter, the case isn't over. Once your charges are resolved, you'll find that frequently, merely being accused of a crime can follow you. As such, my office offers assistance to ensure that you can clear your record and gain fruitful employment just as if you had not been accused of criminal conduct in the past. Of course, each situation is different and because of that, we encourage you to come speak to us about your concerns.
Expunctions
An Expunction is the actual erasure of your court record and any related law enforcement records. When you go to court and your case is dismissed or a finding of not guilty is entered, future employers and others may still find out that you were accused of a crime unless you obtain an expunction. Given North Carolina law, however, obtaining an expunction has become a convoluted process that isn't for the faint of heart. Did you know that currently there are ten different methods to obtain an expunction in North Carolina? Some of these methods require you to pay a filing fee, some require affidavits, and some are only available given a particular means of obtaining a resolution to your case.
Motions for Appropriate Relief
What if currently you don't qualify for an expunction? Looking at any kind of post-conviction relief may require us to look into a Motion for Appropriate Relief. Under current law, there are only a few available methods to obtain relief, but we've been able to frequently obtain results where others cannot. Why should that previous conviction haunt you if there was an error in the way it was handled? Why should that previous ticket impact your insurance when you didn't know that was going to happen? Call Mike and get some help!
License Restoration
Did you get a speeding ticket or were you charged with some other traffic violation in Western North Carolina? Did you simply pay that ticket? Has your license been revoked for so long that you don't even know why anymore? We've helped countless people get their driving privileges restored through the State of North Carolina and we can help you too. Call our office and set up an appointment to meet with Mike so we can look at where to start. We'll come up with a plan that'll get you your license.
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15A-145: Expunction for first offenders under the age of 18 at the time of conviction of certain misdemeanors
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15A-145.1: Expunction for first offenders under the age of 18 at the time of conviction of certain gang offenses
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15A-145.2: Expunction for first offenders not over 21 years old at the time of certain drug offenses
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15A-145.3: Expunction for first offenders not over 21 years old at the time of certain toxic vapor offenses
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15A-145.4: Expunction for first offenders under the age of 18 at the time of the commission of a nonviolent felony
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15A-145.5: Expunction of certain misdemeanors and felonies (no age restrictions)
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15A-145.6: Expunction for certain defendants convicted of prostitution
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15A-145.7: Expunction of records for first offenders under 20 years old at the time of certain offenses
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15A-146: Expunction of certain records when charges are dismissed or a finding of not guilty is entered
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15A-147: Expunction of certain records when charges are dismissed or there are findings of not guilty as a result of ID theft
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15A-148: Expunction of DNA records when charges are dismissed on appeal or pardon of innocence is granted
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15A-149: Expunction of records when pardon of innocence is granted
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7B-3200: Expunction of records of juveniles alleged or adjudicated delinquent or undisciplined
Sex Offender Registry Removal
Convicted of a crime that requires Sex Offender Registration? The N.C. legislature has viewed registration as a public service and not a punishment, but you know better. You know the moments you've missed with your family and you know the harassment you've received due to the registration requirement. Mike may be able to help with having your name removed from the registry. Some people will have to register for life, but some people can petition to be removed after 10 years. Call and Mike will help you gain the relief you desire as quickly as possible.