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North Carolina Expungement Guide

Learn about expungement eligibility, processes, and requirements in North Carolina.

Overview Detailed

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Eligibility by Offense Type

Learn more about eligibility criteria

Convictions - Misdemeanors vs. Felonies

  • Eligible: Most non-violent misdemeanors (Class 1, 2, or 3) and lower-level felonies (Class H or I)
  • Not Eligible: Serious felonies (Class A through G) and Class A1 misdemeanors

Disqualifying Offenses

  • Crimes involving violence or assault
  • Sexual offenses or those requiring sex offender registration
  • Stalking crimes
  • Domestic violence offenses
  • Crimes against children

Traffic & Driving Offenses

  • Minor traffic violations typically not addressed by expungement
  • DWI/DUI explicitly ineligible
  • Reckless driving may be eligible if it meets non-violent criteria
  • Simple possession convictions often eligible
  • Drug distribution or trafficking crimes mostly excluded
  • Special expunction statutes for first-time drug possession

Arrests Not Leading to Conviction

  • All dismissed charges and acquittals eligible for expungement
  • No waiting period or limit on number
  • Automatic expungement for charges dismissed or acquitted after December 1, 2021

Juvenile and Underage Offenses

  • Special provisions for youthful offenders
  • First-time convictions for minors easier to expunge
  • "Raise the Age Parity" expungement for offenses committed at 16-17 prior to Dec 1, 2019

Domestic Violence & Sexual Crimes

  • Generally ineligible for expungement
  • Only dismissals or acquittals of these charges can be cleared

Waiting Periods

Standard Waiting Periods

  • Single Misdemeanor: 5 years after sentence completion
  • Multiple Misdemeanors: 7 years after most recent sentence completion
  • Single Felony: 10 years after sentence completion
  • Multiple Felonies (up to 3): 20 years after most recent sentence completion
  • Dismissed/Acquitted Charges: No waiting period

When the Clock Starts

  • Waiting period begins after all of the following are completed:
    • Any active jail/prison time
    • Probation or post-release supervision
    • Payment of all fines and restitution

Limitations and Restrictions

One-Time Relief for Convictions

  • Generally limited to one expungement petition for misdemeanors and one for felonies
  • If previously granted an expungement for a conviction, typically cannot apply for another

Multiple Convictions in One Petition

  • Convictions from same court session treated as one conviction
  • Up to three non-violent felonies within a 24-month period can be combined
  • More than three felony convictions cannot all be expunged

New Convictions Reset Eligibility

  • New felony conviction bars expungement of earlier offense
  • New misdemeanor restarts the waiting period clock
  • Must be conviction-free for entire waiting period before filing

Pending Charges and Other Restrictions

  • Cannot have pending criminal charges or outstanding warrants when applying
  • Cannot be on active probation or parole

Completion of Sentence

  • Must have served all jail/prison time
  • Must have completed probation/parole
  • Must have paid all fines, court costs, and restitution

"Good Moral Character" Requirement

  • Must demonstrate good moral character since completing sentence
  • Requires affidavits from two unrelated people attesting to character
  • Petitioner must sign affidavit affirming good character

Prior Expungements

  • Having used expungement for convictions generally disqualifies from another conviction expunction
  • Prior expungement of a non-conviction does not prevent expunging a new dismissed charge

Application Process

NC Judicial Branch Expunctions Information

Where and How to Apply

  • File petition in court where case originated
  • Use standardized NC Administrative Office of the Courts forms
  • Attorney optional, but forms must be completed accurately

Required Forms and Documents

  • Petition form for specific type of expungement
  • Two affidavits of good character (for conviction expungements)
  • Petitioner's affidavit stating eligibility
  • Background check authorization
  • Prior expungements disclosure

Processing and Review

  • Clerk forwards petition to State Bureau of Investigation for background check
  • District Attorney may file objections (30-day period)
  • Judge makes final decision
  • Hearing may be required (especially for felony convictions)

Costs and Fees

Information about filing fees

  • Standard filing fee: $175 for conviction expungements
  • No fee for: Dismissals or acquittals (except after deferred prosecution)
  • Fee waivers: Available for those who cannot afford the filing fee
  • Fee is non-refundable even if petition is denied

Effects of Expungement

Learn about expungement effects

Record Removal

  • Records removed from public view
  • Files sealed or destroyed at court and law enforcement agencies
  • Will not appear on standard background checks

Ability to Deny Record

  • Can legally deny or refuse to acknowledge the expunged incident
  • Can answer "No" on job applications if asked about expunged offense
  • Exception: must disclose for immigration purposes

Limited Visibility

  • Confidential file maintained for certain legal purposes
  • Prosecutors and courts may access for subsequent criminal proceedings
  • Law enforcement/justice positions require disclosure of expunged convictions

Effect on Background Checks

  • Standard employment or rental background checks will not show expunged records
  • Records removed from state court database and repositories

Alternative Remedies

Explore other relief options

Certificates of Relief

  • Does not erase record but relieves many collateral consequences
  • Available for those with up to 3 non-violent convictions
  • Prevents automatic disqualification by employers or licensing boards

Pardons

  • Governor can issue Pardons of Innocence or Forgiveness
  • Pardon of Innocence allows subsequent expungement
  • Pardon of Forgiveness doesn't erase record but serves as official forgiveness

Deferred Prosecution and Conditional Discharge

  • Allows charges to be dismissed upon completion of conditions
  • Dismissal can then be expunged under standard provisions

Partial Expungement (Redaction)

  • Dismissed charges can be expunged even if in same case as conviction
  • Removes extra stigma of charges that didn't result in conviction

Recent Changes

Second Chance Act information

  • Second Chance Act (2020): Expanded eligibility, reduced wait times
  • Automatic expungement: For dismissals/acquittals after Dec 1, 2021
  • 2024 adjustments: Automatic expungements occur 180-210 days after case disposition