At Amos Law Firm, we understand that a past mistake shouldn't define your future. A criminal record can hinder opportunities for employment, education, housing, and more. Fortunately, North Carolina law provides a legal avenue called "expunction" (also known as expungement) that allows eligible individuals to erase certain criminal charges or convictions from their records. We are committed to guiding you through this process to help you move forward with a clean slate. What Is an Expunction? An expunction is a court-ordered process that removes a criminal charge or conviction from your public record. Once an expunction is granted, the law treats the offense as if it never occurred. This means that you can legally state that you have not been arrested, charged, or convicted of the expunged offense. Eligibility for Expunction in North Carolina North Carolina law outlines specific criteria for eligibility, which can vary depending on the nature of the offense and your criminal history. Below are some common scenarios where an individual may qualify for an expunction: 1. Dismissed Charges and Not Guilty Verdicts Dismissed Charges: If your case was dismissed or you were found not guilty, you might be eligible for an immediate expunction. Multiple Dismissals: Recent changes in the law allow for the expunction of multiple dismissed charges. 2. First-Time Convictions Non-Violent Misdemeanors: First-time convictions for certain non-violent misdemeanors may be expunged after a waiting period. Non-Violent Felonies: Certain non-violent Class H or I felonies may be eligible for expunction. 3. Offenses Committed Under Age 18 or 22 Under 18: Convictions for misdemeanors committed before the age of 18 may be eligible. Under 22: Certain offenses related to alcohol possession or consumption committed before age 22 can be expunged. 4. Identity Theft Victims If you have a criminal record due to identity theft or misuse of your identity, you may qualify for an expunction. Waiting Periods and Conditions Misdemeanors: Typically require a waiting period of five years from the date of conviction or completion of any sentence, whichever is later. Felonies: Generally require a waiting period of ten years . Good Behavior: You must demonstrate good behavior during the waiting period with no additional convictions (excluding traffic violations).  Restitution and Fines: All court-ordered restitution and fines must be paid in full. The Expunction Process 1. Eligibility Assessment: We will conduct a thorough review of your criminal record and circumstances to determine eligibility. 2. Preparation of Petition: Complete necessary forms, including affidavits of good character from non-relatives. 3. Filing the Petition: Submit the petition to the clerk of court in the county where the charge or conviction occurred. 4. Background Check: The State Bureau of Investigation conducts a criminal background check. 5. Prosecutor's Review: The district attorney's office reviews the petition and may object. 6. Court Hearing: A judge evaluates the petition, any objections, and may hold a hearing before making a decision. 7. Order of Expunction: If granted, an order is sent to various agencies to remove the record from public databases. Benefits of an Expunction Employment Opportunities: Employers conducting background checks will not see the expunged record. Education and Housing: Colleges and landlords will not have access to the expunged information. Peace of Mind: Legally state that you have not been arrested, charged, or convicted of the expunged offense. Restoration of Rights: In some cases, restoration of certain rights lost due to the conviction. Why Choose Amos Law Firm Experienced Representation: We have extensive experience navigating the complexities of North Carolina expunction laws. Personalized Service: We provide individualized attention to understand your unique situation and goals. Comprehensive Support: From initial consultation to the final court order, we guide you through every step. Confidentiality Assured: We handle your case with the utmost discretion and professionalism. Frequently Asked Questions Q: Can all criminal records be expunged? A: No, certain offenses, especially violent felonies and offenses requiring sex offender registration, are generally not eligible for expunction. Q: How long does the expunction process take? A: The process can take several months, depending on court schedules and the time required for background checks. Q: Will an expunction restore my firearm rights? A: Not necessarily. Expunction does not automatically restore firearm rights. Additional legal steps may be required. Contact Us for a Free Consultation Taking the first step toward clearing your record is easy. Contact Amos Law Firm today to schedule a free, confidential consultation. We will assess your eligibility and discuss how we can assist you in obtaining an expunction.

As your Social Security disability attorney, I'd like to provide you with important information about working while receiving Social Security Disability Insurance (SSDI) benefits. It's commendable that you're considering returning to work, and understanding how this decision affects your benefits is crucial. Trial Work Period (TWP): What It Is: The TWP allows you to test your ability to work for at least nine months without losing your SSDI benefits. How It Works: During this period, you can earn any amount of income, and your benefits will not be affected. Earnings Threshold: In 2023, a month counts toward your TWP if you earn more than $1,050 before taxes. (This amount may change annually.) Extended Period of Eligibility (EPE): Duration: After the TWP, you enter a 36-month EPE. Substantial Gainful Activity (SGA): If you earn less than the SGA level— $1,470 per month for non-blind individuals in 2023—you'll continue to receive full benefits. Impact of Exceeding SGA: If your earnings exceed the SGA in any month, you won't receive SSDI benefits for that month. However, benefits can be reinstated without a new application if earnings drop below SGA within the EPE. Continuation of Medicare Coverage: Medicare Benefits: You'll continue to receive Medicare Part A (Hospital Insurance) premium-free for at least 93 months after the TWP, even if you're working. Expedited Reinstatement: Safety Net: If your benefits stop because of work and you become unable to work again within five years, you can request that your benefits be reinstated without filing a new application. Work Incentives: Impairment-Related Work Expenses (IRWEs): Costs for items or services related to your disability that you need to work (e.g., wheelchair, counseling services) can be deducted from your earnings when determining SGA. Ticket to Work Program: A voluntary program providing free employment support services to help you return to work. Reporting Requirements: Obligation to Inform SSA: You must report any changes in your work activity to the Social Security Administration (SSA) promptly, including: Starting or stopping work Changes in duties, hours, or pay Avoiding Overpayments: Timely reporting helps prevent overpayments that you might have to repay later. Considerations Before Returning to Work: Assess Your Capacity: Evaluate your health and ability to handle work-related activities. Part-Time vs. Full-Time: Starting with part-time work might help you adjust gradually. Consult with Professionals: Consider vocational rehabilitation services or counseling. Potential Impact on Benefits: Medical Reviews: Returning to work may trigger a Continuing Disability Review (CDR) to assess your medical condition. Long-Term Effects: Exceeding SGA after the EPE can lead to the cessation of benefits. Recommendations: Keep Detailed Records: Maintain documentation of your earnings and any work-related expenses. Stay Informed: Keep abreast of annual changes in SGA and TWP thresholds. Open Communication: Regularly update the SSA about your work activity to ensure compliance. Conclusion: Working while on SSDI is possible and can be beneficial both financially and personally. The SSA provides several programs and incentives to support beneficiaries who wish to return to work. However, it's important to navigate these rules carefully to maintain your benefits and avoid any unintended consequences. Next Steps: Let's schedule a meeting to discuss your specific situation in detail. We can develop a plan that aligns with your goals and ensures you understand all implications. Feel free to reach out with any questions or concerns. I'm here to support you through this process.