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)
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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.

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11/21/11, 2:07 pm

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