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MIsdemeanor Forgery Expungement

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December 8, 2011


Angie

Hi,

I have a misdemeanor common law forgery on my record. The original charge was a felony but it was reduced to a misdemeanor. This occured in 2005 ( I was 21). I was found guilty and had to pay restitution and court costs only. Can I get this expunged? If so, what would be the cost? Also, would I be able to get the charge, as well as, the conviction taken off my record?

 

December 19, 2011


Jeff Cooper

Hi Angie,

Although there is no statute that specifically allows for the expungement of a conviction of common law forgery – there are four things I would like to bring to your attention:

1. The original felony is probably still showing on your record as a "charge."  That is probably hurting you.

2. You probably want to talk to an attorney about a possible Motion for Appropriate Relief – although you probably don't have a statutory basis for filing this type of motion, sometimes you can get the DA's to consent if you would have been eligible for a first offender's program, but didn't avail yourself of the opportunity because you didn't know about it.

3. Your last resort could be to apply for a pardon of forgiveness (there are three types of pardons, see my website: http://www.ncexpungement.com)

4. There is a "bill" or a "proposed" new law pending in the North Carolina House that may make you eligible for expunction if it passes… see House Bill 675 (link to NC Legislature site) (link to text of bill).  You may want to call your congressman and ask him or her to support this bill.

Feel free to call my office if you need more specific advice.  888.364.2949

Jeffrey M. Cooper, Esq.
Cooper Law Firm, P.C.
www.cooper-law.net
www.ncexpungement.com

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