Understanding the North Carolina Second Chance Act is the first step for anyone hoping to clear their criminal record and move forward with new opportunities. This comprehensive guide will explore what the Second Chance Act is, who it benefits, and how you can qualify.

What Is the Second Chance Act?

The Second Chance Act (SB 562, 2020) is a law in North Carolina designed to help people clear certain criminal records. This law allows individuals to have specific types of charges and convictions removed from their records. This can make it easier to find jobs, housing, and other important opportunities.
By giving people a second chance, this law aims to reduce the long-term impacts of having a criminal record.

Who Can Benefit from the Second Chance Act?

The Second Chance Act can benefit many people in North Carolina. If you have charges that were dismissed or if you were found not guilty, you can potentially have these removed from your record.

Some non-violent misdemeanor and felony convictions may also be expunged, meaning they are removed from your record. This does not apply to all types of convictions, so it’s important to talk to an attorney to understand which ones qualify.

If you were convicted of certain crimes as a minor (under 18), you may also be able to have these records expunged once you reach adulthood.

How to Qualify for the Second Chance Act in North Carolina

Qualifying for the Second Chance Act requires meeting certain criteria. Here are the main steps:

1. Check Your Record: First, review your criminal record. You need to know exactly what charges and convictions are on your record to determine if you qualify.
2. Determine Eligibility: Not all charges and convictions can be expunged. Generally, non-violent offenses and certain misdemeanors are eligible. Violent crimes, serious felonies, and sex offenses typically don’t qualify.
3. Wait for the Required Time Period: For many convictions, there is a waiting period before you can apply for expungement. This can range from a few years to over a decade, depending on the offense.
4. Complete the Necessary Forms: You’ll need to fill out specific forms to apply for expungement. These forms require detailed information about your charges, convictions, and personal details.
5. Submit Your Application: Once your forms are complete, you will submit your application to the court. This might involve paying a fee and providing additional documents, such as a background check.
6. Attend a Hearing: In some cases, you may need to attend a court hearing. This allows the judge to review your case and decide whether to grant the expungement.

Recent Updates to the Second Chance Act

The North Carolina Second Chance Act has undergone updates to expand its reach and effectiveness. Here are some recent changes:

Automatic Expungement for Certain Charges: For charges that were dismissed or resulted in not guilty verdicts, the law now allows for automatic expungement. This means you don’t need to apply to have these charges removed from your record.

Broader Eligibility for Juvenile Convictions: The updates have made it easier for those convicted as minors to have their records expunged. This includes expanding the types of eligible offenses and reducing waiting periods.

Expanded Access to Relief: The law now includes more types of non-violent offenses that can be expunged, giving more people the opportunity for a clean slate.

Why Is the Second Chance Act Important?

The Second Chance Act helps people overcome the obstacles associated with having a criminal record. A criminal record may make it difficult for people to find employment, further your education, or find housing. Many times if a past conviction appears on a background check, you could be denied the opportunity to better your life.

A criminal record can also carry a social stigma. It may negatively impact personal relationships and community involvement. Expungement can help individuals move past their prior mistakes and live a life free of judgment from their community.

Contact an Experienced Criminal Defense Attorney

The North Carolina Second Chance Act is a powerful opportunity for those looking to clear their criminal records and move forward. By understanding the law, who it affects, and how to qualify, you can take steps towards a brighter future. Whether you have dismissed charges, certain convictions, or juvenile records, the Second Chance Act offers a way to overcome the barriers of a criminal record.

For the latest updates and legal advice, schedule a free consultation with our skilled criminal defense attorneys at Reece & Reece, Attorneys at Law. Our team has a strong track record of success when it comes to the clearing of certain criminal records and can help you navigate the process. Start your journey towards a fresh start by calling our Johnson County Criminal Defense Attorneys today at
(919) 300-1249.