Expungement Attorney Serving Raleigh and Wake County
A criminal record can follow you into job interviews and housing for years. Our expungement attorney team helps eligible clients in Wake, Durham, and Johnston counties clear old charges.
What an Expungement Attorney Does for Your Record
North Carolina law allows certain charges and convictions to be removed from public record through a legal process called expungement, sometimes called expunction. Old charges can also surface during apartment applications and background checks years after a case closes. An expungement attorney reviews your criminal history, identifies which charges qualify, and files the paperwork with the county where the charges originated.
This service is for people who were charged but never convicted, who completed a deferred prosecution or diversion program, or who have an old, eligible conviction and have stayed out of trouble since. Whether your case involved a misdemeanor, a dismissed felony, or a charge resolved years ago through Wake County District Court, an expungement lawyer can determine whether you meet the state's eligibility rules before you spend time and money on an application that will be denied.
Guirguis Law also represents clients as a criminal defense attorney on active charges, so if your case is still pending, we can talk through your options for resolution now and expungement eligibility down the road.
Key Rights and Considerations for North Carolina Expungements
North Carolina's expungement statutes are specific about what can be cleared, how long you must wait, and how many expungements a person may receive over a lifetime. A few points come up in nearly every consultation:
- Most people are limited to one expungement of a conviction in their lifetime, though dismissed and not-guilty charges are treated differently.
- Waiting periods vary by offense type and can range from immediate eligibility to a ten-year wait after completing your sentence.
- Certain violent felonies, most sex offenses, and DWI convictions cannot be expunged under current North Carolina law.
- The State Bureau of Investigation (SBI), headquartered here in Raleigh, must process every approved expungement before records are actually cleared, which affects timing.
- A judge may require a hearing depending on the county and the nature of the charge.
- Errors on AOC forms are a common reason petitions get rejected or delayed.
- Member, American Immigration Lawyers Association
- NC Board Certified Specialist in State and Federal Criminal Defense, 2012
- Serving Wake, Durham and Johnston counties since 2008
How We Handle Your Expungement Case
Every expungement starts with a records review and ends with confirmation that your file has been cleared. Here is how our team moves your case through each stage.
Eligibility Review
We pull your criminal history and walk through North Carolina's expungement statutes line by line to confirm which charges you qualify to have removed and when.
Paperwork and Filing
We prepare the required AOC forms, gather supporting documentation, and file your petition with the clerk of court in the county where the charge was received, whether that's Wake, Durham, or Johnston County.
Court and SBI Follow-Up
We track your petition through the court system and the SBI's review process, keeping you updated as your case moves through what can be a lengthy backlog.
Hearing and Confirmation
If a judge requires a hearing, we appear on your behalf. Once the order is signed, we confirm your record has been updated so you can move forward with confidence.
Attorneys Who Handle Expungement Matters
Our criminal defense team has guided clients across the Triangle through the expungement process, from first-time eligibility questions to complex multi-charge petitions.
Nardine Mary Guirguis
Nardine leads criminal defense matters at Guirguis Law, including expungement petitions and post-conviction relief for clients throughout Wake, Durham, and Johnston counties.
Robert E. Waters
Robert works with clients on expungement eligibility and record clearing, helping them understand which charges can be removed and what the process involves from start to finish.
Why Local Clients Choose Guirguis Law for Expungement
Clients from downtown Raleigh near Fayetteville Street to Durham's Ninth Street area and Johnston County's Smithfield courthouse come to Guirguis Law because we know how each county's clerk of court and judges handle expungement petitions. Wake County alone processes a high volume of these filings, and knowing what a given judge expects can shorten the road to a cleared record.
We're also a full-service firm, so if clearing your record intersects with other legal needs, such as immigration consequences of a past charge, a pending divorce, or an estate planning question that comes up once your record is clear, our immigration lawyer, divorce lawyer, and estate planning lawyer colleagues are down the hall, not a referral to a stranger.
Many of our clients first meet us as their criminal defense lawyer on the original charge, then return years later when it's time to have that same charge expunged. That continuity means we already have your file and your history on hand.
Expungement FAQs
Here are answers to some of the questions we hear most often from people considering an expungement in North Carolina.
How do I know if I need an expungement attorney or can file on my own?
You can technically file an expungement petition yourself, but the AOC forms are detailed and small mistakes cause delays or denials. A post conviction relief lawyer who handles these petitions regularly knows how to avoid the errors that most often send a filing back.
Can a state criminal defense lawyer expunge a federal conviction?
No. A state criminal defense lawyer handles North Carolina state charges, and state expungement law only applies to charges prosecuted in North Carolina courts. Federal convictions follow a separate, more limited federal process, and a post conviction attorney with federal experience should be consulted for those matters.
Will my expunged charge still show up on a background check?
Once your petition is approved and the SBI processes the order, the charge should no longer appear on standard criminal background checks conducted through North Carolina databases. It's still wise to confirm the update went through before relying on it for a job or housing application.
What happens if my expungement petition is denied?
A denial doesn't always mean you're permanently ineligible. Depending on the reason, we may be able to correct and refile the petition, wait out a remaining eligibility period, or pursue a different form of relief for your record.
Clear Your Record and Move Forward
A cleared record can open doors to jobs, housing, and peace of mind that an old charge has been holding shut. Let our team review your eligibility and handle the paperwork, court follow-up, and any hearing your expungement requires.
