| North Carolina Criminal Law Blog

Expunging criminal record information can be like removing ants from under your refrigerator. Just when you think you’ve eliminated all the ants/information, there’s another trail. That’s how a talented attorney in this field described the process in her article of the same name here. It’s also an apt description for figuring out the legal requirements, procedures, and forms for obtaining an expunction, in North Carolina and elsewhere. Here’s my latest effort, the 2017 Guide to Relief from a Criminal Conviction in North Carolina.

After a bad break-up, Dan drives to a local bar, where he begins drinking. He hasn’t planned in advance how he is going to get home. If he drinks too much to drive, he thinks, he will summon a ride on his smart phone. Dan is on his seventh drink in two hours when a man storms through the front door of the bar, waving an assault rifle and threatening to shoot up the place. Dan bolts for the nearest exit, jumps in his car, and drives away. Less than a half-mile away from the bar, Dan runs through a red light and is stopped by a law enforcement officer. Dan is subsequently charged with driving while impaired. At trial, he asks the judge to instruct the jury on the defense of necessity. Is Dan entitled to that instruction?