Can you get a PJC expunged in NC?

Can I get a PJC expunged off my criminal record?

Many people throughout North Carolina (including many of my own clients) have used a PJC as a way to dispose of criminal or traffic charges. A PJC stands for Prayer for Judgment Continued and is used by the North Carolina Courts as a way for someone charged with a crime to plead guilty but have the court withhold entry of a judgment. In effect it limits the penalty for the guilty plea to just court cost. No other fine or jail is imposed (Though some judges may issue certain requirements to grant a PJC). It is important to note that a PJC is treated by the court system like a conviction and it may not be the best legal option for your particular case. It is always best to consult with a North Carolina criminal lawyer to review your case and explain all of your options.

But what if you want to get that charge expunged off your record later? Can you expunge a PJC in North Carolina?

This question is actually very divisive in the North Carolina legal community and receives mixed answers depending on who you ask. As an expungement lawyer in Raleigh, I believe that a person can and should be able to receive an expungement under the North Carolina General Statute 15A-145. This statute covers expungements for persons who have been convicted of a misdemeanor as a first offender and under the age of 18. While the statute does not specifically have any mention of a PJC, the argument hinges on the fact that the North Carolina Court System treats a PJC like a conviction for most purposes and that should also include expungements.

But is a PJC a conviction?

As the court stated in State v. Mcgee, 175 N.C. App. 586 (2006) “Under the traditional definition, “Conviction” refers to the jury’s or fact finder’s guilty verdict.” And a PJC can only be granted after the Judge establishes the defendant’s guilt. So, since the court treats a PJC just like a conviction, a person should be able to obtain an expungement under the statute dealing with expunction of a conviction.

So, the next step for someone who has received a PJC and would like it expunged off their record is to talk to an expungement attorney who can tell if you qualify for an expungement in NC.

If you need to have your criminal record cleaned and get an expungement, contact an NC Expungement Lawyer. The Gurney Law Firm handles all types of expungements in North Carolina. Contact an Expungement lawyer by calling (919) 930-4027. The Gurney Law Firm is a criminal defense law firm in Raleigh, NC and serves all of Wake County and Durham County. This includes Raleigh, Durham, Cary, Apex, Wake forest, Zebulon and Fuquay-Varina.

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