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 ...

Question

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?

Answer

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.