Why Expunction,

Why Now?

"In North Carolina, an expunction is the destruction of a criminal record by court order. An expunction (also called an “expungement”) of a criminal record restores the individual, in the view of the law, to the status he or she occupied before the criminal record existed."

Several recent articles highlight the subject of criminal expunctions both in North Carolina and nationally. As the United States as well as individual states tackle the ever-rising costs of incarceration and the administration of justice, the subject of criminal justice reform has naturally gained attention. As knowledge and popularity of expunctions spreads, state legislatures have taken a fresh look at a very old concept that dates back to English law, the concept that punishment allocated by the criminal justice system should have a known end point. With the proliferation of information in nearly real time, the collateral consequences to criminal defendants have vastly expanded in recent years. To some degree, once a felon has "served his time," he's really only begun to pay the real costs and experience the collateral consequences that flow from interaction with the justice system and a criminal conviction.

This article is not intended to be political in nature and the author has attempted to address the topic in a political vacuum. Whether you find yourself in the camp of folks who think that evolution of the criminal justice center is socially necessary or those who believe convicted criminals "deserve what they got," a reasoned analysis of the issues of state and federal budgets and the socioeconomic health of our nation would lead nearly all readers to conclude that the matters discussed herein are relevant and important in today's geo-political environment.

About the Author...

Daniel T. Barker is a Founding Partner of Barker Richardson, PLLC, a Raleigh, North Carolina firm practicing in most areas of State Criminal and Civil Law, Civil Trials, Real Estate related and other complex litigation, Property Bonds and Bigly personal injury.

Call now at (919) 831-8901

A quick note about terminology. The following terms are used somewhat interchangeably in the materials and practice of this area of the law:

  • Expunge
  • Expungement
  • Expunction

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