Expungement and PJC: How do they work?
by admin on Nov.30, 2011, under Home insurance
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Two common questions I receive about the law concern the expungement of certain convictions and the mystical traffic resolution called Prayer for Judgment Continued, or PJC. How do they work?
Expungement, generally speaking, is the procedure by which certain convictions can be removed from the public record.
The law governing expungement is statutory, and it is found in Chapter 15A of the North Carolina General Statutes, largely in GS 15A-145 and 146. The statute books can be found in most library branches in the state.
You cannot generally receive an expungement for a felony conviction, unless that felony has been later dismissed or you receive a pardon. If you have been indicted on a felony charge and that charge is dismissed or you are found not guilty, you can get the charge expunged from the record if you have not had another matter expunged.
The expungement laws mainly cover misdemeanors other than traffic violations. There are specific provisions for young offenders, certain drug offenses, and others. Generally, you are limited to one expungement.
If a matter is expunged, you can state honestly, as the statute specifically recites, that you have not been charged or convicted. Only in rare circumstances must you disclose the charge, such as when you apply to take the bar examination to become a North Carolina lawyer.
The most common record that can be expunged is where a person was charged with an offense and the case was dismissed, or there was a finding of not guilty. Many people are under the impression that when a case is dismissed, that removes the “paper trail.” It does not. A proceeding known as an expunction of records is needed.
Expungement law is technical and complicated, and any attempt to have a charge expunged should be handled by an attorney. There are lots of specific exceptions.
A prayer for judgment continued, or a PJC, is an entry granted by a judge. It is most often used for motor vehicle offenses. It indefinitely postpones a sentence or final judgment, unless a fine is levied as well.
Driver’s license and insurance points generally flow from final judgments. If there is no final judgment rendered, there are generally no points, which explains its popularity.
A judge will grant a PJC to resolve a matter only in limited circumstances. The target is the overall equity of the matter that might not fit neatly into a category. There are usually mitigating circumstances where the defendant deserves a break.
PJCs are not allowed in certain egregious motor vehicle violations, such as speeding well in excess of the speed limit or passing a stopped school bus.
There is no insurance premium surcharge, nor any assessment of points, for one PJC during a three year period, per insurance household.
If someone receives another PJC within the three-year period after the PJC provision has been used, it may help with your driver’s license points but not for insurance premium purposes. Insurance companies know about PJCs.
Obey the law and you will never have to worry about PJCs.
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