Legal Question in DUI Law in North Carolina

I was arrested for DUI in Sampson County, NC, but the breathalizer indicated that I was within legal limits so I was NOT processed, but the arrest is on my record. I want to have it expunged and hopefully without going to court. The Court Clerk was not helpful and indicated that she knows what form I need, but can't tell me because that would constitute legal advice. What do I need to do?

Asked on 11/21/11, 11:28 am

1 Answer from Attorneys

Clarke Dummit Dummit Fradin (Winston-Salem Office)
0 users found helpful
0 attorneys agreed

Here is a link to NCGS 15A-145 which deals with expungements:

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-145.html

Here is the link to the AOC forms which you will need to get a Judge to sign and send to the SBI: http://www.nccourts.org/Forms/Documents/1202.pdf

Then when the review is completed by the SBI you need to schedule a hearing before a District Court Judge.

I would recommend that you hire an attorney. This procedure does require several Court appearances.

Read more
11/21/11, 2:07 pm

Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in North Carolina

Looking for something else?

Get Free Legal Advice

8817 active attorneys ready to answer your legal questions today.

Find a Legal Form

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
David SlaterDavid P. Slater, Esq.Boca Raton, FL
Phillip D. Wheeler, Esq.Phillip D. Wheeler, Attorney At LawMorro Bay, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now