Learn about expungement eligibility, processes, and requirements in North Carolina.
Convictions – Misdemeanors vs. Felonies: North Carolina allows expungement (called “expunction”) of many non-violent misdemeanor and felony convictions. In general, most misdemeanors (Class 1, 2, or 3) and lower-level felonies (Class H or I) are eligible, provided they are deemed “nonviolent” (Older Nonviolent Misdemeanor and Felony Convictions | UNC School of Government). Serious felonies classified as Class A through G and Class A1 misdemeanors (the most serious misdemeanor class) are not eligible (Older Nonviolent Misdemeanor and Felony Convictions | UNC School of Government). This means only the less severe felonies (Classes H and I) and lower misdemeanors can be expunged, while higher classes are excluded by law (G.S. 15A-145.5).
Disqualifying Offenses: An offense cannot be expunged if it falls into certain categories defined by statute. Broadly, any crime involving violence, assault, or serious risk is disqualified. For example, any offense that has assault as an essential element is not expungeable (G.S. 15A-145.5). Likewise, sexual offenses (especially those requiring sex-offender registration) and stalking crimes cannot be expunged (G.S. 15A-145.5). Specific sex crimes (e.g. rape, indecent liberties, sex crimes listed in G.S. 14-27.25(b), 14-202, etc.) and crimes against children are expressly barred (G.S. 15A-145.5). Domestic violence offenses usually involve assault or threats, so convictions like assault on a female or violation of a protective order (often Class A1 misdemeanors) are not eligible for expungement (G.S. 15A-145.5). In short, domestic violence and sexual assault convictions are excluded from expungement under North Carolina’s “nonviolent” criteria (G.S. 15A-145.5).
Traffic and Driving Offenses: Minor traffic violations are generally not the focus of expunction statutes. In fact, the law specifies that minor traffic offenses are disregarded as “convictions” during eligibility review (they don’t count against you) (G.S. 15A-145.5), but there isn’t a specific provision to expunge ordinary traffic infractions. Driving While Impaired (DWI/DUI) is explicitly ineligible for expungement in North Carolina (North Carolina - Guide to Pardon, Expungement & Sealing). Any “offense involving impaired driving” (as defined in G.S. 20-4.01(24a)) cannot be expunged (G.S. 15A-145.5), so DUIs are barred by law. Other serious driving crimes where a commercial motor vehicle was used (for example, certain felonies involving a CDL truck) are also disqualified (G.S. 15A-145.5). Reckless driving, by contrast, is a lower-level misdemeanor and may be expunged if it meets the nonviolent criteria (it is not classified as an “impaired driving” offense or assault). In sum, routine traffic citations typically aren’t addressed by expungement laws, DWI is never expungeable, but lesser traffic misdemeanors (like reckless driving) can potentially be cleared if otherwise eligible (North Carolina - Guide to Pardon, Expungement & Sealing).
Drug-Related Offenses: North Carolina distinguishes between minor drug possession and more serious drug dealing offenses. Simple drug possession convictions (especially first offenses) are often eligible for relief – in fact, there are specific expunction statutes for first-time drug possession or paraphernalia convictions (Expunctions | North Carolina Judicial Branch). Nonviolent drug offenses that are Class H or I felonies or misdemeanors (for example, possession of a controlled substance) can usually be expunged after the required wait. However, drug distribution or trafficking crimes are mostly excluded. The expunction law’s definition of “nonviolent” felony excludes any felony under the Controlled Substances Act involving heroin or methamphetamines, or involving possession with intent to sell/deliver (or sale) of cocaine (G.S. 15A-145.5). In other words, if the conviction was for manufacturing or selling serious drugs (like heroin, meth, or cocaine), it cannot be expunged (G.S. 15A-145.5). Less severe drug sale offenses (e.g. marijuana) that are Class H/I might not be explicitly barred, but any drug crime that falls under a higher felony class or involves those specified substances is disqualified. Summary: Drug possession offenses are generally expungeable (and may even have special programs for dismissal), while drug distribution felonies (especially of hard drugs) are not eligible (G.S. 15A-145.5).
Arrests Not Leading to Conviction: Charges that did not result in a conviction (e.g. dismissed charges, deferred prosecutions without conviction, or cases where the defendant was found “not guilty”) are fully eligible for expungement. In fact, North Carolina law permits all dismissed charges and acquittals to be expunged, without limit on number (North Carolina - Guide to Pardon, Expungement & Sealing) (North Carolina - Guide to Pardon, Expungement & Sealing). There is no waiting period and no “one-time” cap for non-conviction expunctions – you can clear every charge that ended without conviction. Recent reforms even established automatic expungement for such cases: For any criminal charge on or after December 1, 2021 that is dismissed or ends in not-guilty, the record will be expunged automatically by the court (assuming all charges in that case were dismissed/acquitted) (North Carolina - Guide to Pardon, Expungement & Sealing). This automatic relief has no additional prerequisites – unlike older law, it doesn’t matter if the person has prior convictions; the dismissal itself gets cleared by operation of law (North Carolina - Guide to Pardon, Expungement & Sealing). (One exception: if a felony charge was dismissed as part of a plea bargain, it won’t be cleared automatically, but can still be expunged by petition) (North Carolina - Guide to Pardon, Expungement & Sealing). Bottom line: Any arrest that did not result in a conviction is eligible for expungement in North Carolina, and as of 2021 many of these are cleared automatically (North Carolina - Guide to Pardon, Expungement & Sealing).
Juvenile and Underage Offenses: North Carolina has special expunction provisions for youthful offenders. Records from juvenile court (delinquency) matters are handled separately – certain juvenile records can be expunged under different criteria (typically when the individual reaches a certain age and if the offense was not serious) (Expunctions | North Carolina Judicial Branch). For offenses committed by minors in adult court, there are tailored statutes: for example, a first-time conviction of a minor crime committed under age 18 (or under 21 for some offenses) can be expunged more easily (Expunctions | North Carolina Judicial Branch). The law was amended after the “Raise the Age” reform to provide relief for 16- or 17-year-olds convicted in adult court before the age law changed. Under the Second Chance Act, you can expunge most misdemeanors and Class H or I felonies committed at age 16 or 17 prior to Dec. 1, 2019 (this is called “Raise the Age Parity” expungement) (Expungements in Charlotte | Charlotte Criminal Defense Lawyer | Browning & Long PLLC). Notably, this relief for minors is broader in some respects – even convictions classified as “violent” or nonviolent misdemeanors can be expunged if the person was under 18 at the time (Expungements in Charlotte | Charlotte Criminal Defense Lawyer | Browning & Long PLLC). In summary, juvenile adjudications and convictions by minors often have expungement pathways that don’t exist for adults, reflecting a policy of giving youth a clean slate.
Domestic Violence & Sexual Crimes: As mentioned, crimes of domestic violence and sexual offenses are largely ineligible for expungement in North Carolina. Any conviction that is categorized as a “violent” offense – including domestic violence assault – will fail the “nonviolent offense” test for expunction (G.S. 15A-145.5). Likewise, sexual offenses (rape, sexual battery, indecent liberties, etc.) and offenses that require sex offender registration cannot be expunged (G.S. 15A-145.5). Even less severe sex-related charges, like misdemeanor sexual battery or stalking, are explicitly listed as disqualifying offenses (G.S. 15A-145.5). The expungement statutes list numerous sex crimes by statute number that are permanently disqualified (G.S. 15A-145.5). Domestic violence offenses typically involve assaultive behavior or violation of a court order – for instance, “assault on a female” or “domestic criminal trespass” – and thus are not expungeable due to the assault/violence element or their classification. In short, North Carolina does not permit expungement of domestic violence convictions or sexual offense convictions, given their violent nature and the statutory exclusions (G.S. 15A-145.5). Only if such a charge did not lead to a conviction (e.g. was dismissed) could it be cleared from the record.
Standard Waiting Periods: North Carolina imposes different waiting periods depending on the type of conviction being expunged. The clock generally starts after all aspects of the sentence are completed (i.e. after finishing any jail/prison time, probation, and post-release supervision, and paying all fines or restitution) (North Carolina - Guide to Pardon, Expungement & Sealing). Once the sentence is fully served, the required wait is as follows:
These waiting periods apply to convictions. Charges that were dismissed or ended in acquittal have no mandatory waiting period – they can be expunged as soon as the case is concluded (and as noted, are now often expunged automatically) (North Carolina - Guide to Pardon, Expungement & Sealing). Some special statutes for youthful offenders also have shorter timelines; for example, certain misdemeanors committed by an under-18 first-time offender might be expunged sooner (sometimes as soon as the person turns 18 or after a 2-year period) (Expungement vs Sealing of Criminal Records in North Carolina), but those are case-specific.
Starting Point – Conviction vs. Completion: Importantly, North Carolina’s waiting period does not simply run from the conviction date – it runs from the later of the conviction date or the completion of any sentence/supervision (G.S. 15A-145.5) (North Carolina - Guide to Pardon, Expungement & Sealing). In practice, this means the clock only starts once you have fully served your sentence, including probation or parole. For example, if someone was convicted and put on 24 months of probation, the waiting period would begin after that 24 months ends (so a 5-year wait for a misdemeanor would effectively be 7 years from conviction in that scenario). All court-imposed obligations (incarceration, probation, and payment of fines and restitution) must be finished before the countdown begins (North Carolina - Guide to Pardon, Expungement & Sealing). The statute explicitly requires that the petitioner have “completed the applicable waiting period after any active sentence, period of probation, or post-release supervision has been served” (G.S. 15A-145.5).
Different Waits by Offense Category: The waiting period varies by the class and number of convictions as outlined above. To recap concisely:
These timelines apply to petitions filed today (the law changed in 2020–2021 to allow multiple expungements and reduced wait times). Notably, if someone had a single felony, they need 10 years, but if they have two or three felonies to clear at once, they must wait 20 years for the petition that covers all of them (North Carolina - Guide to Pardon, Expungement & Sealing). There is no expungement path for more than three convictions or for felonies more serious than Class H/I regardless of how long one waits.
Completion of Sentence vs. Conviction Date: To emphasize, if a statute says “5 years after conviction or completion of probation, whichever occurs later,” you must satisfy both – so finishing probation/parole can extend the wait. North Carolina law ensures that the waiting period effectively starts after the sentence is fully served. All expungement petitions for convictions also require the petitioner to affirm that they have fulfilled the waiting period and have had no new convictions in the interim (Expunctions | North Carolina Judicial Branch).
In summary, the timing rules mean that an individual must demonstrate a substantial period of good behavior after their sentence ends. No expungement of a conviction is available immediately upon finishing the case – you must wait the designated number of years with a clean record. By contrast, non-conviction records can be cleared almost immediately (the statute even allows the judge to grant a dismissal expungement without a hearing as soon as the case is over) (North Carolina - Guide to Pardon, Expungement & Sealing).
One-Time Relief for Convictions: North Carolina generally limits the number of times a person can expunge convictions. In the past, the law was “one expungement per lifetime” for convictions – and while recent changes allow more than one conviction to be cleared, they still must be done in a single petition if eligible. **A person may only petition once for misdemeanors and once for felonies under the main expungement statute (G.S. 15A-145.5) (G.S. 15A-145.5). Practically, this means you get one chance to clear misdemeanor convictions (which can include multiple misdemeanors from the same incident or timeframe) and/or one chance to clear felony convictions. If you have already been granted an expungement of a conviction record, you typically cannot apply for another expungement of a new conviction later (North Carolina - Guide to Pardon, Expungement & Sealing). For example, someone who had a felony expunged in the past would not be allowed to expunge a subsequent felony conviction incurred afterward (North Carolina - Guide to Pardon, Expungement & Sealing). The law explicitly states that if a person has obtained an expunction for one or more felonies, they are **not eligible for relief for any offense committed after that expunction** (North Carolina - Guide to Pardon, Expungement & Sealing). Likewise, having expunged a set of misdemeanors bars any later petition to expunge additional misdemeanors (North Carolina - Guide to Pardon, Expungement & Sealing). This “one per customer” rule means individuals must carefully choose when to file – it’s generally best to include all eligible convictions in one petition if possible.
Multiple Convictions in One Petition: As noted, North Carolina does allow multiple convictions to be expunged, but only under specific conditions. If the convictions occurred in the same session of court (e.g. on the same day or in the same case), they are treated as one conviction for expungement purposes (Older Nonviolent Misdemeanor and Felony Convictions | UNC School of Government). Even if they were in different sessions, the law now permits combining up to three nonviolent felonies (or multiple misdemeanors) in one expungement petition, as long as those felonies were within a 24-month period of each other (G.S. 15A-145.5). All petitions for multiple convictions must be filed within a short window (120 days) across the relevant counties once the waiting period is met (G.S. 15A-145.5). The key limitation is that if someone has more than three felony convictions, they cannot expunge them all – the statute’s cap is three felonies total (North Carolina - Guide to Pardon, Expungement & Sealing). Similarly, if a person’s convictions occurred far apart in time (more than 2 years apart), they cannot be grouped into one petition; the law would only allow expunging those that are within the same 24-month cluster (G.S. 15A-145.5). In summary: you can clear multiple offenses at once only if they happened in one case or within a two-year span and fall under the numeric limits (G.S. 15A-145.5). Beyond that, North Carolina does not permit repeated expungement petitions for separate incidents at different times.
New Convictions Reset Eligibility: If an individual is in the waiting period for an expungement and picks up a new conviction, it will delay or derail their eligibility. The law requires that the person have no additional convictions (other than minor traffic violations) during the waiting period before petitioning (G.S. 15A-145.5). Any new felony conviction is an outright bar to expunging the earlier offense (since the person would no longer meet the “no other felony during the waiting period” requirement) (G.S. 15A-145.5). Even a new misdemeanor will restart the clock: the waiting period will begin anew from the date of that misdemeanor conviction. Notably, the law provides that if a new misdemeanor occurs, the waiting period after that is at least five years before the person can expunge an older conviction (North Carolina - Guide to Pardon, Expungement & Sealing). In effect, a new conviction (during what was otherwise a clean waiting period) forces the person to wait longer. For example, suppose someone was 4 years into the 5-year wait for a misdemeanor expunction and then gets convicted of a new misdemeanor – that person would now need to wait an additional 5 years from the date of the new conviction (North Carolina - Guide to Pardon, Expungement & Sealing). Bottom line: Any fresh conviction resets the waiting period clock. The petitioner must be conviction-free for the entire span required (5, 7, 10, or 20 years as applicable) immediately before filing the petition (G.S. 15A-145.5).
Pending Charges and Other Restrictions: At the time of applying for expungement, the applicant must have a perfectly clear legal status. Any pending criminal charges or warrants will disqualify the petition until those matters are resolved (G.S. 15A-145.5). The law requires the petitioner to affirm they have no outstanding warrants, no pending cases, are not under indictment, and are not on bond awaiting trial or sentencing in any jurisdiction (G.S. 15A-145.5). If you have an open case, the court will not grant an expunction – you’ll need to dispose of that charge first (and if it results in conviction, that may affect eligibility as noted). Additionally, you cannot be on active probation or parole for some other offense at the time – all sentences must be concluded.
Frequency of Expungement Petitions: Because North Carolina generally allows only one expungement of convictions, there isn’t a concept of a required interval between separate expungements – it’s essentially one and done for convictions. (For non-conviction expungements, there is also no limit, so one could file petitions for dismissed charges as often as needed; each case’s dismissal can be handled individually or nowadays by automatic process (North Carolina - Guide to Pardon, Expungement & Sealing).) If an expungement petition is denied, the person might be able to reapply later (for example, if it was denied due to a defect or because a waiting period wasn’t fully met, they could fix the issue and try again after some time). But if an expungement is granted, that relief generally cannot be granted to the same person a second time for a later conviction (North Carolina - Guide to Pardon, Expungement & Sealing). One small exception enacted in 2021 allowed individuals who had an expungement under the old law (before Dec 1, 2021) to apply for additional relief under the new expanded law (for up to two more old felonies) (G.S. 15A-145.5), but going forward, the intention is that you cannot repeatedly clear offenses as they occur.
In summary, North Carolina’s expungement regime is designed to offer a second chance, but not a third. You must have a clean record for a substantial period and you generally get only one opportunity to wipe the slate of convictions. Multiple expungements of separate incidents are not allowed, and any slip-ups (new crimes) will postpone or nullify your eligibility. However, there is no limit on expunging dismissals and acquittals – those can be done for every case that ends without conviction, regardless of how many there are (North Carolina - Guide to Pardon, Expungement & Sealing).
Completion of Sentence: Before someone can apply for an expungement of a conviction in North Carolina, they must have fully completed all components of their sentence. This includes serving any active jail or prison time, finishing any probation or parole, and paying all fines, court costs, and restitution in the case (North Carolina - Guide to Pardon, Expungement & Sealing) (G.S. 15A-145.5). The statutes require that all terms of the sentence be satisfied; any outstanding restitution or civil judgment for restitution will prevent the expungement until it’s paid in full (G.S. 15A-145.5). In practice, you cannot petition until you’re “off paper” (no longer under supervision) and current on financial obligations. The petition forms ask the judge to confirm that the sentence is over and any restitution orders have been fulfilled (G.S. 15A-145.5). So, complete compliance with the sentence and closure of the case is a prerequisite to expungement.
“Good Moral Character” Requirement: North Carolina law places an emphasis on the petitioner’s conduct after conviction. For convictions, the petitioner must demonstrate they have been of good moral character since completing their sentence (G.S. 15A-145.5). This is formally done by submitting affidavits from two unrelated people attesting to the petitioner’s good character and reputation in the community (G.S. 15A-145.5). The petitioner themselves must also sign an affidavit affirming their good character and detailing that they meet all eligibility criteria (G.S. 15A-145.5). If the court finds the petitioner has not behaved appropriately (for instance, new criminal behavior or other indications of bad character), it can deny the expunction on those grounds. In essence, the law not only requires a clean record but also positive affirmations of character as a condition for relief.
Disqualifying Convictions: Certain convictions permanently bar expungement, in the sense that they can never be expunged due to their nature (as discussed in Section 1). If a person’s record includes an offense that is by law not expungeable (for example, a Class B1 felony or a sex offense), that conviction cannot be cleared, ever (G.S. 15A-145.5). However, the presence of a disqualifying conviction on one’s record does not necessarily prevent expungement of a different eligible offense – it depends on the statute. Under older law, having any prior felony conviction would bar expunging even a dismissed charge, but the Second Chance Act removed that restriction for non-conviction expunctions (North Carolina - Guide to Pardon, Expungement & Sealing). For convictions, the eligibility rules focus on the waiting period and the absence of other convictions during that period (G.S. 15A-145.5). So if someone has, say, an old serious felony on their record, they are not going to be able to expunge that serious felony. Could they expunge a lesser conviction on their record? Generally no, because the requirement for expunging even a lesser offense is often that the person has no other convictions in the relevant time frame. In practical terms, if you have a serious ineligible conviction, you likely won’t meet the criteria (like “no other felony”) to expunge another offense (G.S. 15A-145.5). For example, to expunge a misdemeanor, you must swear you haven’t been convicted of any other felony – so an existing felony record would disqualify you (G.S. 15A-145.5). Thus, while the law doesn’t explicitly say “a prior violent felony bars all future expungements,” the effect is that it renders you ineligible to clear other convictions.
Crimes that Bar Expungement: Specifically, any conviction that falls in the excluded categories (violent felonies, assaults, sex crimes, certain drug crimes, etc.) is not expungeable (see Section 1 for the list) (G.S. 15A-145.5). If you have such a conviction, that conviction stays on your record permanently – no expungement petition will be granted for it. Additionally, if a person is convicted of any crime after receiving an expungement, the earlier expungement doesn’t prevent the new conviction from appearing on their record (and the new conviction likely won’t be expungeable). One noteworthy nuance: if someone has multiple convictions and some are expungeable and others are not, the court can only expunge the eligible ones. There is a provision that if a case had multiple charges and only some are eligible, the court may expunge the eligible charges and leave the others (“redaction”) (North Carolina - Guide to Pardon, Expungement & Sealing). But if the conviction itself is of a disqualified type, there’s no way to circumvent that.
Pending Charges or Open Cases: North Carolina strictly forbids granting an expungement if the petitioner has any pending criminal matters. The petitioner must affirm that they have no pending charges, no outstanding warrants, and are not under any current indictment (G.S. 15A-145.5). If a background check reveals an active warrant or an open case, the expunction will not proceed. The rationale is that a person should resolve all ongoing criminal issues before seeking the benefit of a clean slate for a past offense. Similarly, if the person is currently on probation for another offense, that means the sentence isn’t completed on that offense – which would pause any expungement eligibility until it’s done.
Prior Expungements: As discussed in Section 3, if a person has already obtained an expungement in the past, that can disqualify them from another. For instance, someone who expunged a felony before cannot later expunge another felony committed afterward (North Carolina - Guide to Pardon, Expungement & Sealing). Also, under the law prior to 2020, if someone had any prior expungement (even for a dismissed charge), it could bar certain other expungements; the current law has loosened this, especially for dismissals. Now, having a prior expungement of a non-conviction does not prevent expunging a new charge that gets dismissed (since non-convictions have no numerical limit) (North Carolina - Guide to Pardon, Expungement & Sealing). But having used up your expungement for a conviction generally disqualifies you from another conviction expunction.
In summary, to be eligible to apply, a person must: complete all sentences and wait the required time, have no new convictions, have no charges pending, and not have used up their one expungement opportunity already (G.S. 15A-145.5) (North Carolina - Guide to Pardon, Expungement & Sealing). They must also not be seeking to expunge a crime that the law categorically excludes (like a violent or sexual crime). Meeting all these conditions, plus demonstrating good character, is essential – failing any one of them (for example, unpaid restitution, or a pending charge) is a disqualifier that will stop the expungement from being granted.
Where and How to Apply: The expungement process in North Carolina is initiated by filing a petition (motion) in the court where the case originated (Expunctions | North Carolina Judicial Branch). This is typically the Clerk of Court in the county where the charge was brought or the conviction occurred (Expunctions | North Carolina Judicial Branch). The petition is a formal court document – North Carolina has statewide standardized forms for expunctions, each corresponding to a specific statute and type of relief ( NCSBI - Expungements ) (Expunctions | North Carolina Judicial Branch). It’s crucial to use the correct form for the type of expungement you seek (for example, there are different forms for a dismissed charge vs. a felony conviction) ( NCSBI - Expungements ). Using the wrong form or statute will lead to delay or rejection of the petition ( NCSBI - Expungements ). The Administrative Office of the Courts (AOC) provides these forms online along with instruction sheets for each (Expunctions | North Carolina Judicial Branch). An individual can file pro se (on their own) – hiring an attorney is optional, not required ( NCSBI - Expungements ) – but the forms must be completed accurately and in full.
Filing the Petition: The completed petition form, along with any required attachments (discussed below), is filed with the Clerk of Superior Court in the appropriate county (Expunctions | North Carolina Judicial Branch). If the petition is for a conviction expungement, typically it should be filed in the Superior Court division (even if the conviction was in District Court) so that a superior court judge can review it, though the clerk’s office will route it correctly. There may be multiple copies required. Upon filing, the clerk will officially open a special proceeding for the expunction request. In conviction cases, the District Attorney’s office is served with a copy of the petition so they have an opportunity to object (G.S. 15A-145.5). The district attorney in the county has 30 days to file any objection to the expunction, and can request an additional 30 days if needed (G.S. 15A-145.5). The DA may choose not to object if the statutory criteria are clearly met. The DA is also responsible for notifying any victim of the crime (if applicable) about the expungement request, so that the victim has a chance to be heard (G.S. 15A-145.5).
Required Forms and Documents: The content of the petition will vary by type, but generally includes the petitioner’s identifying information and case details (case numbers, dates, charges, dispositions) ( NCSBI - Expungements ) ( NCSBI - Expungements ). For conviction expungements, North Carolina law requires additional supporting documents:
Processing and Review: After filing, the clerk forwards the petition to the SBI (and sometimes the North Carolina Department of Public Safety) to conduct the background checks (G.S. 15A-145.5). The SBI will perform a name-based check of state and FBI records and report back any findings to the court (G.S. 15A-145.5). (Notably, North Carolina’s process is name-based rather than requiring fingerprints, so petitioners typically do not have to submit a fingerprint card; the identifying information on the form is used for the search (G.S. 15A-145.5).) The SBI also checks for any outstanding warrants and ensures the person has no undisclosed pending charges (G.S. 15A-145.5). This investigative step can take a few months, as indicated by SBI processing times.
Once the background report is returned and the DA’s notice period has passed, the file is prepared for a judge’s decision. In many cases, a hearing may be scheduled, especially for expunging convictions. The law gives judges some discretion (particularly for felonies) to consider the petitioner’s conduct and the DA’s input (Expungements in Charlotte | Charlotte Criminal Defense Lawyer | Browning & Long PLLC). At the hearing (if one is held), the judge may ask the petitioner questions or allow the DA to present any concerns, and will evaluate if the statutory criteria (waiting period, clean record, good character) are met (Expunctions | North Carolina Judicial Branch). Victims have a right to be present or to provide a statement if they wish.
For some types of expunctions (like dismissed charges), a hearing is often not required – the statute even allows the judge to grant those without a formal hearing as long as the paperwork is in order (North Carolina - Guide to Pardon, Expungement & Sealing). In practice, many dismissal or Not Guilty expungements are signed by a judge in chambers. The clerk can inform the petitioner if a court date is necessary. If a hearing is needed (commonly for felony convictions), the petitioner (or their attorney) will need to appear in court to answer any questions regarding “good moral character” and to essentially confirm they satisfy the law (Expunctions | North Carolina Judicial Branch). As long as everything checks out, judges will typically sign an Order of Expunction.
Responsible Court or Agency: The entire process is ultimately overseen by the state court system. The Superior Court judge in the county will enter the order. The Administrative Office of the Courts (AOC) doesn’t decide cases but provides forms and maintains the expungement records. The State Bureau of Investigation plays a role in background checking and later in actually clearing records from its database once the order is granted ( NCSBI - Expungements ). After the judge signs the order, the clerk sends certified copies to various agencies (police, sheriff, SBI, etc.) to instruct them to delete their records (G.S. 15A-145.5). There is no separate “expungement board” or agency; it’s handled through the courts. So to summarize: one applies by filing a petition in the appropriate state court, the clerk and SBI process it administratively, and a judge of that court makes the decision. For guidance, individuals can contact the clerk or consult the North Carolina Judicial Branch self-help materials on expunctions ( NCSBI - Expungements ).
Supporting Evidence: Other than the required affidavits of character, typically no additional evidence (like rehabilitation program certificates or employment records) is mandated by statute. However, a petitioner who wants to bolster their case at a hearing could present such evidence or character witnesses if they wish (especially if the judge has discretion, as with felony expungements). The core requirements are set out in the petition form itself, so expungement tends to be a document-driven process rather than an evidentiary one. The most critical “supporting” documents are the two character affidavits and the completed background check form (G.S. 15A-145.5) (G.S. 15A-145.5) – without those, a conviction petition will be incomplete. If everything is done correctly, many expungements are granted as a matter of course, since the law makes expunction mandatory if all conditions are satisfied (for non-conviction cases and for certain first-offender cases) (North Carolina - Guide to Pardon, Expungement & Sealing).
In sum, applying for expungement in NC involves filing the proper petition with the county court, including all required affidavits/forms, paying the fee, and possibly attending a court hearing. The petition is processed through the court system with input from the SBI and DA, and if approved, results in a formal court order to erase the record.
Filing Fee: North Carolina charges a filing fee for most expungement petitions. The standard cost is $175.00 for filing an expunction petition with the clerk (North Carolina - Guide to Pardon, Expungement & Sealing) (Expunctions | North Carolina Judicial Branch). This fee is set by statute (G.S. 15A-145.5(g) specifies $175) (North Carolina - Guide to Pardon, Expungement & Sealing). The $175 fee is generally applicable to expunging convictions – it covers the administrative processing and the required state background check. The fee is paid to the clerk at the time of filing the petition.
No Fee for Dismissals/Acquittals: There are important exceptions where no fee is required. If the petition is to expunge a criminal charge that was dismissed or resulted in a Not Guilty verdict, North Carolina law does not require the $175 filing fee (Expunctions | North Carolina Judicial Branch). Expungements of non-conviction records are free (the rationale being that the person was not adjudged guilty, so they shouldn’t have to pay to clear their name). The only caveat is if the charge was dismissed after completion of a diversion program or deferred prosecution – in those cases, a fee is usually required (Expunctions | North Carolina Judicial Branch). For example, if you went through a deferred prosecution agreement that led to a dismissal and then seek expungement, that petition does carry the fee under G.S. 15A-146(d) (North Carolina - Guide to Pardon, Expungement & Sealing). But a straight dismissal or acquittal has no cost to expunge. Additionally, petitions for expunging juvenile records or certain pardoned cases may not have fees, depending on the statute. The Judicial Branch explicitly notes that some expunction statutes do not require a fee, such as expunctions of dismissed charges or Not Guilty outcomes (except those following deferred prosecution) (Expunctions | North Carolina Judicial Branch).
Fee Waivers: For individuals who cannot afford the filing fee, there is an option to apply for a fee waiver. A petitioner can file a “Petition to proceed as an indigent”, often called an In Forma Pauperis motion (Expunctions | North Carolina Judicial Branch). This form (AOC-G-106 in NC) asks the court to allow the case to be filed without payment due to financial hardship. If the court approves the indigency petition, the $175 fee is waived and the expungement can proceed without cost (Expunctions | North Carolina Judicial Branch). Generally, to qualify, one must show low income, receipt of public assistance, or other financial indicia – the form might require a sworn statement of income/assets or a certificate from a legal aid attorney. The statute G.S. 15A-145.5(g) itself says the fee doesn’t apply to petitions filed by an indigent person (G.S. 15A-145.5). Therefore, cost should not be a barrier for those unable to pay, as the court can grant a fee waiver.
Other Costs: Besides the court filing fee, there are usually no additional mandatory costs. The SBI’s background check that is part of the process is covered by the filing fee (the clerk forwards the request to SBI without extra charge to the petitioner). There might be incidental costs like notary fees for the required affidavits or postage if mailing documents. If an attorney is hired, that of course involves attorney’s fees, but that’s outside the court’s fees. The process itself, if done pro se, only requires the filing fee. If multiple petitions are filed (say, one in one county and one in another because convictions occurred in different counties), typically a fee would be due in each county’s filing. However, if multiple offenses are combined in one petition, it’s a single $175 fee for that petition, not per offense.
Refunds: Note that the fee is for processing the petition; even if the petition is ultimately denied, the fee is not refunded. So it’s important that petitioners ensure they are eligible before filing, or they risk losing the fee.
In summary, most expungement petitions cost $175 to file, but petitions for dismissed charges or acquittals are free (unless tied to a deferred prosecution) (Expunctions | North Carolina Judicial Branch). North Carolina provides a mechanism to waive the fee for indigent applicants (Expunctions | North Carolina Judicial Branch). The availability of fee waivers and the elimination of fees for non-conviction cases help make expunction accessible regardless of one’s financial situation.
Criminal Records Searched: As part of the expungement process, North Carolina conducts thorough background checks to confirm an applicant’s eligibility. When a petition is filed, an order for a criminal history search is generated and sent to the State Bureau of Investigation (SBI) (G.S. 15A-145.5). The SBI will query multiple databases:
Notably, this process is automated through the petition – the petitioner doesn’t have to initiate the background check themselves beyond signing the consent. The clerk of court forwards the request to SBI and the SBI reports back to the court with the results (G.S. 15A-145.5). Because the check is name-based and uses personal identifiers, petitioners typically do not need to be fingerprinted for the expungement. (Earlier practices in some states required submitting a fingerprint card, but NC’s expunction statutes now specify a “name-based State and national criminal history record check” (G.S. 15A-145.5).)
The county court’s own records are, of course, also reviewed – the clerk will verify the case disposition and ensure the petition matches the case file. But the heavy lifting of checking beyond the county is done by SBI in conjunction with federal databases.
Third-Party Database Checks: The expungement process itself relies on official government databases (state CCH, NCIC, court records). It does not involve searching private background check companies’ files as a requirement. However, once an expungement is granted, part of the law requires that agencies who disseminate criminal records notify any private reporting agencies to update their data ([PDF] STATE OF NORTH CAROLINA). Specifically, North Carolina G.S. 15A-150 mandates that the clerk send notice of the expunction to the NC Administrative Office of the Courts, which in turn notifies the North Carolina State Crime Center. Many private background check services pull from public records, so when those public records are deleted or sealed, over time those services should remove them as well. The law even provides that any private entity with a legal requirement to expunge records will be notified by state/local agencies ([PDF] STATE OF NORTH CAROLINA). In short, the focus is on official databases during review; after expunction, the goal is to have all data scrubbed from any state-managed or state-disseminated systems.
Fingerprinting: As mentioned, North Carolina’s expungement statute no longer requires the petitioner to submit fingerprints for the identity check – the legislation explicitly allows a name-based background search (G.S. 15A-145.5). However, if someone were obtaining their own criminal record for preparation (through an SBI “Right to Review”), that would be fingerprint-based, but it’s optional for the individual’s knowledge. For the court petition, signing the form for the background check suffices. The SBI and FBI can cross-reference the name and personal details (and may rely on the fingerprints already on file from the person’s arrests).
Agencies Involved: The key databases and agencies in the expungement process are:
In practice, a petitioner doesn’t interact with most of these databases directly – the process is internal. But they should be aware that an extensive background check (state and federal) will be done to verify that they have no disqualifying criminal history (G.S. 15A-145.5). If a petitioner has convictions in other states, those will show up in the FBI report and can render them ineligible (e.g. a felony from another state would count as a prior felony). The SBI’s involvement ensures the court gets a full picture of the petitioner’s record across jurisdictions.
To summarize, during the expungement review the state searches its own criminal record system and the FBI’s system for any convictions or pending cases (G.S. 15A-145.5). After an expungement is granted, the order is disseminated to ensure removal from all relevant records systems (from courthouse files to law enforcement databases). Fingerprinting is not generally required for the petition, as the name-based background check is sufficient in NC’s procedure (G.S. 15A-145.5).
Record Removal – Sealing/Destruction: When an expungement (expunction) is granted in North Carolina, the court orders that the case be removed from the individual’s public record and the underlying files be sealed or destroyed. The statute specifies that the proceeding is to be treated as if it “never occurred” in the eyes of the law (2024 Summary of North Carolina Expunctions – North Carolina Justice Center). Practically, the clerk of court will delete the records of the arrest and conviction from the court’s database and files (Expunctions | North Carolina Judicial Branch). All state and local agencies that have a record of the incident (police department, sheriff, Department of Correction, etc.) are directed to expunge their records of it as well (G.S. 15A-145.5). The SBI will remove the entry from the state criminal history and the FBI will remove it from national records. North Carolina law uses the term “expunction” to mean complete removal or sealing – effectively the record is erased from public databases (Expunctions | North Carolina Judicial Branch). Paper files are often physically shredded or pulled from archives and digitally hidden from any public access.
The result is that an expunged charge or conviction will no longer show up on a standard background check of public records (Expungement vs Sealing of Criminal Records in North Carolina). For example, if an employer or landlord runs a criminal record check through the state or commercial services after the expunction is processed, the offense should not appear. The person’s name will no longer be linked to that arrest/conviction in the court’s public index. In short, the record is sealed from public view and omitted from public record searches.
Ability to Deny the Record: Under North Carolina law, once an expungement is granted, the individual can legally deny or refuse to acknowledge the expunged incident in most circumstances (2024 Summary of North Carolina Expunctions – North Carolina Justice Center) (G.S. 15A-145.5). The statutes explicitly state that the person shall not be held guilty of perjury or false statement for failing to admit to an arrest or conviction that was expunged (G.S. 15A-145.5). This means on job applications, housing applications, or even under oath in court (with limited exceptions), the person can answer “No” if asked if they have been charged or convicted of that offense. The expungement basically wipes the slate clean, and the law “restores the individual… to the status he or she occupied before the criminal record existed” (2024 Summary of North Carolina Expunctions – North Carolina Justice Center). An exception to this blanket denial right is in the context of federal immigration; immigration authorities can still consider the conduct and expect disclosure even if the record is expunged (2024 Summary of North Carolina Expunctions – North Carolina Justice Center). But in state law contexts, once expunged, the incident is treated as if it never happened for the person.
Visibility to Law Enforcement and Courts: Although expunged records are removed from public view, they are not entirely gone to all audiences. North Carolina keeps a confidential file of expunged records (accessible only by court order or as permitted by statute) (North Carolina - Guide to Pardon, Expungement & Sealing). Since 2018, state law allows prosecutors and courts limited access to expunged records for subsequent criminal proceedings (Expungements in Charlotte | Charlotte Criminal Defense Lawyer | Browning & Long PLLC). For instance, if the person whose record was expunged later is prosecuted for a new offense, the prosecutor can see the expunged conviction and use it for certain purposes (like calculating prior record level for sentencing) (Expungements in Charlotte | Charlotte Criminal Defense Lawyer | Browning & Long PLLC). Specifically, expunged convictions (except those expunged dismissals/not-guilties) may be considered in determining prior record points or habitual offender status (Expungements in Charlotte | Charlotte Criminal Defense Lawyer | Browning & Long PLLC). A judge at sentencing could be informed of an expunged prior if the law allows. However, such records remain confidential and are not public; they are used only in-camera for that criminal justice purpose.
Access by Certain Employers or Agencies: In general, private employers, licensing boards, and the public will not have access to expunged records (G.S. 15A-145.5). Background checks required by state law for employment (for example, for a daycare worker or teacher) will not reveal expunged convictions – by statute, those conducting the check “shall not be deemed to know” of any expunged records, meaning it’s as if they don’t exist (G.S. 15A-145.5). There are a couple of notable exceptions:
Effect on Background Checks: For a normal employment background check or rental application, an expunged record will not show up. The record is removed from the state’s public court database (NCAOC’s system) and from the repositories that private background companies use. Therefore, a standard check by a private employer will come back clean in regard to that offense. If some third-party data broker still reports it (perhaps because they haven’t updated their records), the individual has legal recourse, since the official record was expunged and any continued reporting would be inaccurate. The expungement order provides proof that the record was ordered destroyed.
Ongoing Confidential Records: Even though agencies erase the records, North Carolina’s AOC retains a confidential index of expungements. This is to ensure, for example, if the person tries to get another expungement that they’re not allowed, the court can check and see that one was done before. By law, this confidential record can only be accessed by a few entities (courts, prosecutors, the Sheriff’s Education and Training Standards Commission, etc.) (G.S. 15A-145.5) (G.S. 15A-145.5). A regular employer or member of the public cannot access this confidential index.
Collateral Consequences: Once a conviction is expunged, the person should no longer suffer most of the collateral consequences of that conviction. The expungement statute even says that any administrative actions taken as a result of the conviction must be vacated (G.S. 15A-145.5). For example, if an occupational licensing board had revoked a license due to the conviction, upon expungement, that action should be reversed and the individual can reapply as if it never happened (G.S. 15A-145.5). One limitation: expungement in NC does not erase entries in the sex offender registry or DNA database if the offense required those – unless the expungement is due to a not-guilty or pardon of innocence (those are separate situations). But for a conviction expunged under the general statute, the law notes it “shall not apply to the Department of Justice for DNA records” – meaning the DNA sample might remain unless separately addressed (G.S. 15A-145.5). In practical terms, that is a rare issue.
Summary of Post-Expunction Rights: After an expungement, an individual can truthfully state on job applications that they have not been convicted of the expunged offense (2024 Summary of North Carolina Expunctions – North Carolina Justice Center). The record will not come up in most checks. However, if applying to become, say, a police officer, one must reveal it, and if they are later in court as a defendant in a new case, the court can still consider the expunged conviction in sentencing (it’s not “forgiven” for repeat-offender calculations in NC) (Expungements in Charlotte | Charlotte Criminal Defense Lawyer | Browning & Long PLLC). Additionally, prosecutors can see expunged convictions for purposes like habitual felon charges or DWI sentencing enhancements (Expungements in Charlotte | Charlotte Criminal Defense Lawyer | Browning & Long PLLC). Outside of those narrow instances, the expunged matter is essentially gone and cannot be used against the person.
In conclusion, an expungement erases the incident from public record, allows the person to move forward without the stigma on background checks, and permits them to legally deny that the charge or conviction ever existed (2024 Summary of North Carolina Expunctions – North Carolina Justice Center). Only the individual, the court system (in future proceedings), and certain government agencies know of the expunged record in a confidential capacity. Most employers, landlords, and the general public will have no access to the expunged information (G.S. 15A-145.5).
Certificates of Relief: North Carolina offers a remedy called a Certificate of Relief (CoR) as an alternative for people who are not eligible for expungement of a conviction. A Certificate of Relief does not erase a criminal record, but it can provide relief from many of the collateral consequences of a conviction (such as barriers to employment or licensing) (North Carolina - Guide to Pardon, Expungement & Sealing) (North Carolina - Guide to Pardon, Expungement & Sealing). Under N.C. Gen. Stat. §15A-173.2, a person with up to a certain number of convictions (typically no more than 3, none of which are violent or Class A-D felonies) may petition the court for a Certificate of Relief. The court can issue this certificate if the individual has shown rehabilitation (usually after at least 12 months since completion of the sentence) (North Carolina - Guide to Pardon, Expungement & Sealing). A Certificate of Relief does not expunge the record or equal a pardon (North Carolina - Guide to Pardon, Expungement & Sealing). However, it relieves many mandatory sanctions: for example, it prevents employers or landlords from automatically disqualifying the person based on the conviction, and it requires occupational licensing boards to consider the certificate favorably in any decision (North Carolina - Guide to Pardon, Expungement & Sealing). It basically signals to the world that the individual has been deemed rehabilitated by a court. While it won’t hide the conviction in a background check, the Certificate can be shown to employers or landlords as evidence of rehabilitation, and certain legal disqualifications (except those related to sex offenses or firearms, etc.) are lifted (North Carolina - Guide to Pardon, Expungement & Sealing) (North Carolina - Guide to Pardon, Expungement & Sealing). It’s a valuable remedy if expungement is not possible (for instance, if the person has more convictions than allowed or the offense is too serious to expunge). It’s also easier to obtain multiple times; if someone has a new offense, the certificate can be modified or revoked, but they could seek another after requalifying (North Carolina - Guide to Pardon, Expungement & Sealing). Essentially, the Certificate of Relief is a form of judicial forgiveness that mitigates consequences without deleting the record.
Pardons: Another remedy is the Governor’s Pardon. In North Carolina, the Governor can issue pardons of different types: a Pardon of Innocence (for those who were wrongfully convicted), or a Pardon of Forgiveness (also just called a pardon) for those convicted but later deemed deserving of clemency (North Carolina - Guide to Pardon, Expungement & Sealing). A pardon does not expunge or seal the conviction automatically (North Carolina - Guide to Pardon, Expungement & Sealing). However, a Pardon of Innocence explicitly allows the individual to then petition the court to expunge the conviction record on the basis of innocence (North Carolina - Guide to Pardon, Expungement & Sealing). A standard pardon (forgiveness) won’t erase the record, but it can be helpful in employment contexts – it’s an official statement of forgiveness from the state. For example, a “pardon of forgiveness” might persuade an employer or licensing agency to overlook the conviction, and it restores some civil rights (like firearms rights in certain cases, if unconditional) (North Carolina - Guide to Pardon, Expungement & Sealing). Pardons are relatively rare and are at the Governor’s discretion, usually requiring a waiting period and an application demonstrating rehabilitation. They are an avenue mostly when expungement isn’t available (for instance, someone with a serious felony might seek a pardon since they can’t get an expungement of that). If a person does receive a Pardon of Innocence, they can then get the conviction expunged via a special statute (G.S. 15A-149) (North Carolina - Guide to Pardon, Expungement & Sealing). In summary, executive clemency (pardon) is a form of relief that can alleviate some effects of a conviction and, in cases of innocence, lead to expungement, but a normal pardon will not remove the record.
Deferred Prosecution and Conditional Discharge: For individuals at the time of charge (pre-conviction), North Carolina has programs that can ultimately result in an expungement, effectively a “backdoor” alternative. A deferred prosecution agreement is when the DA and defendant agree to postpone prosecution while the defendant completes certain conditions (such as community service, treatment, etc.). If successfully completed, the charges are dismissed. Similarly, a conditional discharge (available for some first-time drug offenses under G.S. 90-96 or 15A-1341) is when a defendant pleads guilty but the court does not enter a judgment of conviction; instead the person is placed on probation and if they fulfill all conditions, the charge is dismissed. These mechanisms are not expungements by themselves, but they lead to a dismissal, which can then be expunged under the usual provisions for dismissed charges (Expunctions | North Carolina Judicial Branch). For example, North Carolina law specifically allows expungement of drug charges that were dismissed after a conditional discharge (see G.S. 15A-145.2) (Expunctions | North Carolina Judicial Branch). So, while not a post-conviction remedy, diversion programs are an important alternative path: they prevent a conviction from ever appearing, and then the dismissal can be cleared. For someone facing a charge and who might not qualify for expungement if convicted, seeking a deferred prosecution or diversion is a smart alternative remedy.
Record Sealing: Unlike some states, North Carolina does not have a distinct “sealing” process separate from expunction for adult criminal records – expunction is the method of sealing. One exception is with juvenile records, which are often automatically sealed or eligible for expungement through the juvenile court process (Expunctions | North Carolina Judicial Branch). Juvenile delinquency matters (handled under Chapter 7B) are not public and can be expunged when the juvenile turns 18 or 21, depending on the circumstances, via a petition to the juvenile court (Expunctions | North Carolina Judicial Branch). This is analogous to record sealing for minors. But for adult records, NC uses expungement exclusively rather than having two tiers of “seal” vs “expunge.” There was a recent introduction of automatic expungement for certain dismissals (which one could consider a form of automatic sealing of non-convictions) (North Carolina - Guide to Pardon, Expungement & Sealing). If expungement is not available (say due to statutory disqualification), there isn’t an alternate sealing mechanism to partially hide the record – except that employers are instructed to ignore older records when considering applicants under some fairness laws, but that’s not a record-clearing method per se.
Partial Expungement (Redaction): A noteworthy procedure available in NC is the redaction of records in a case with multiple charges. Since 2017, courts have authority to expunge dismissed charges even if they were in the same case as a conviction that cannot be expunged (North Carolina - Guide to Pardon, Expungement & Sealing). This means if someone was charged with several offenses in one docket and was convicted of one and the others were dismissed, the dismissed ones can be expunged while leaving the conviction intact. This is a kind of partial remedy – it doesn’t clear the conviction, but it clears the dismissed counts, so that only the actual conviction remains visible. While not “sealing” the conviction, it at least removes the extra stigma of charges that didn’t result in conviction.
Appeals and Post-Conviction Relief: If an individual cannot get an expungement because, for example, the conviction is not eligible, another avenue is to attack the conviction itself through post-conviction relief (like a Motion for Appropriate Relief, MAR). If they succeed in getting the conviction vacated, then it becomes a dismissed charge and can be expunged. This is not an easy route – it requires legal grounds (e.g., constitutional violation in the case). But it is another way someone might clear their record if direct expungement is barred.
In summary, when expungement isn’t an option, individuals in North Carolina can look to:
Terminology – “Expunction” vs. “Expungement”: North Carolina law uses the term “expunction” in statutes, but it is synonymous with expungement (Expunctions | North Carolina Judicial Branch). In common usage and in court forms, both terms appear and mean the same thing: the legal clearance of a record. So any reference to expunging a record in NC may be officially termed an expunction, but there is no difference in effect.
Second Chance Act (2020) and Later Amendments: North Carolina’s expungement landscape changed significantly with the enactment of the Second Chance Act in June 2020. This law expanded eligibility (e.g. allowing multiple misdemeanors to be expunged, reducing wait times, and removing the bar for expunging dismissals if the person had prior convictions) (North Carolina - Guide to Pardon, Expungement & Sealing) (North Carolina - Guide to Pardon, Expungement & Sealing). It also provided for automatic expungement of dismissals and acquittals after Dec 1, 2021 (North Carolina - Guide to Pardon, Expungement & Sealing). Initially, the automatic expunction implementation was delayed due to logistical concerns (courts paused it to ensure prosecutors could access the records) (North Carolina - Guide to Pardon, Expungement & Sealing). In 2024, legislation (Session Law 2024-35) adjusted the process to have automatic expungements occur 180–210 days after case disposition and to explicitly allow prosecutors access to those records (North Carolina - Guide to Pardon, Expungement & Sealing) (North Carolina - Guide to Pardon, Expungement & Sealing). This unique phased roll-out means that as of 2025, North Carolina is actively clearing most new non-conviction records without requiring a petition, which is a relatively recent development.
Multiple Statutes for Different Situations: North Carolina has a complex patchwork of expunction statutes – at least 15 separate laws cover various scenarios (Expunctions | North Carolina Judicial Branch) (Expunctions | North Carolina Judicial Branch). For example, G.S. 15A-145 series covers specific age-based expunctions (15A-145 for misdemeanors by minors, 15A-145.1 for gang offenses by minors, 15A-145.2 and 145.3 for certain drug and alcohol offenses by young defendants, etc.), 15A-145.4 for youthful felonies under 18, 15A-145.5 for general adult nonviolent convictions, 15A-145.6 for prostitution offenses by trafficking victims, 15A-146 for dismissals and not guilty, 15A-147 for identity theft victim cases, 15A-149 for pardoned innocence cases, and so on (Expunctions | North Carolina Judicial Branch) (Expunctions | North Carolina Judicial Branch). Each has its own criteria. This is somewhat unique to NC, requiring careful navigation – attorneys and petitioners must ensure they apply under the correct statute. The NC Judicial Branch website even provides a table to help identify which statute and form applies (Expunctions | North Carolina Judicial Branch). One quirk: some statutes allow expunging an offense even if another expunction has been granted under a different statute. For example, one could expunge a dismissal (15A-146) and that does not count against expunging a conviction later (15A-145.5). But expunging under 15A-145 (youthful misdemeanor) does bar a later 15A-145.5 in many cases. The interplay is complicated, so North Carolina emphasizes getting legal advice if multiple provisions could apply (Expunctions | North Carolina Judicial Branch).
No General “Sealing” – Expunction is All-Or-Nothing: Unlike some states that might allow sealing of certain records on a lesser showing, NC generally requires meeting the expunction statute or nothing. There is no provision to, say, seal a conviction after a shorter time but still have it visible to certain parties – it’s either fully expunged (sealed/removed) or still public. That said, NC’s law that employers cannot ask about expunged records or treat them as existing is strong (G.S. 15A-145.5), effectively making it so once you get it, it’s as if it’s gone in the eyes of the law.
Impact of Raise the Age: Because North Carolina was one of the last states to raise the adult prosecution age from 16 to 18 (effective Dec 1, 2019), a special expungement provision was made to help those who were 16 or 17 and convicted as adults prior to the change. This is referred to as “Raise the Age Parity” expungement (Expungements in Charlotte | Charlotte Criminal Defense Lawyer | Browning & Long PLLC). Under this, any misdemeanor or Class H/I felony committed by a 16 or 17-year-old before 12/1/2019 can be expunged, regardless of whether it’s labeled violent or not (Expungements in Charlotte | Charlotte Criminal Defense Lawyer | Browning & Long PLLC). This is broader than the normal nonviolent criteria, reflecting a unique NC solution to treat those individuals similar to juveniles. It’s a one-time opportunity and has its own form (and no waiting period beyond completion of any sentence). This is a distinctive North Carolina feature not found in states that didn’t have that late age change issue.
Prosecutor/Victim Involvement: In NC, expungement of convictions is not entirely administrative – the District Attorney can file an objection, and the judge can consider the victim’s position. The law gives victims the right to be notified and heard for expungements of convictions (G.S. 15A-145.5). While the process is often straightforward if criteria are met, judges have discretion to deny a petition “on the merits” for felony cases even if statutory conditions are satisfied (North Carolina - Guide to Pardon, Expungement & Sealing). This is relatively unusual – many states make expungement automatic if criteria are met. In North Carolina, misdemeanor expungements are mandatory if the person meets all requirements, but for felonies the court may exercise discretion (though denials are rare without a good reason). There was case law (State v. Neira) indicating judges have some leeway to consider factors even if eligibility is met (North Carolina - Guide to Pardon, Expungement & Sealing).
Changes in Disqualifying Offenses: North Carolina’s definition of “nonviolent” for expunction has been tweaked by the legislature. One interesting update was removing certain offenses from the disqualified list. For example, Breaking or Entering a motor vehicle used to be considered a disqualifying offense (treated as “violent”), but the law was changed so that it is no longer excluded (Expungement vs Sealing of Criminal Records in North Carolina). This made some convictions eligible that previously were not. The General Assembly can and has reclassified offenses in terms of expunction eligibility. Those nuances mean that older information about what’s expungeable might be outdated – it’s important to check the current statute. As of 2022, the list of non-expungeable felonies shrank slightly, which is somewhat unique as many states rarely remove crimes from the banned list.
Confidentiality of Expunged Records: By law, once a record is expunged, even agencies that retain knowledge (like the SBI or AOC) must keep it confidential. It is a misdemeanor for an employee of the court or law enforcement to willfully disclose an expunged record to an unauthorized person. This underscores how seriously NC treats expunged records as secret. The only exceptions are the ones enumerated (for courts, law enforcement certification, etc.) (G.S. 15A-145.5) (G.S. 15A-145.5).
Employment Protections: North Carolina has statutes that protect job applicants. An employer cannot ask about expunged arrests or convictions, and if they somehow learn of one, state law deems that the employer doesn’t know about it legally (G.S. 15A-145.5). So they can’t use it in hiring decisions. This is a strong protection not present in all states.
Use in Future Proceedings: An expunged conviction in NC can still count in a few specific future contexts. For example, if someone had an expunged DWI and then gets another DWI, the expunged one cannot be used to elevate the new charge (since it’s as if it didn’t happen for that purpose). However, an expunged felony could still be used to charge someone as a habitual felon (this is an open legal question that the 2018 amendment allowing prosecutors to know about expunged convictions suggests it could) (Expungements in Charlotte | Charlotte Criminal Defense Lawyer | Browning & Long PLLC). The law explicitly allows using expunged convictions to calculate prior record level for sentencing (Expungements in Charlotte | Charlotte Criminal Defense Lawyer | Browning & Long PLLC). So NC has a somewhat contradictory stance: it lets the person say “I have no record” in civilian life, but in the courtroom, the expunged record can still follow them for punishment enhancement. This is a nuance unique to North Carolina’s expungement regime.
In conclusion, North Carolina’s expungement laws have evolved rapidly in recent years, offering broader relief but with a complex set of rules. The state is notable for its automatic expunction of non-convictions, its allowance of multiple conviction expungements under strict conditions, and the requirement of character affidavits and judicial discretion for felonies. Always consult current North Carolina statutes or a legal resource, as this area of law continues to be refined (with major changes as recent as 2021 and 2024) to expand opportunities for second chances (2024 Summary of North Carolina Expunctions – North Carolina Justice Center) (Older Nonviolent Misdemeanor and Felony Convictions | UNC School of Government). The information provided here is current as of 2025 and reflects those latest updates.