Expunge Drug Offenses in North Carolina

NCGS § 15A-145.2(a).  Expungement of drug charges dismissed pursuant to NCGS § 90-96 for first offenders under 22.

Any person who was charged with an offense that occurred while they were under 22 years old and those charges have been dismissed under G.S. 90-96(a) or (a1), may file for expungement of that charge.  

  • When can I file this petition? A person may file this expungement upon the dismissal of the charges.
  • Will other convictions affect me? A person must not have any other convictions (other than minor traffic violations).
  • Will a prior expungement affect me? No, a prior expungement will not prevent you from getting another expungement under this statute.
  • Are there additional filing requirements? Yes, there are a few affidavits that must be filed with expungement petition.
  • Is there a filing fee? Yes, there is a $175 filing fee.

NCGS § 15A-145.2(b). Expungement of other dismissed drug charges for first offenders under 22.

Any person who has been charged with (1) misdemeanor possession of a controlled substance or (2) felony possession of a controlled substance under G.S. 90-95(a)(3) and that charge was dismissed or was found not guilty, may file for expungement of the charge if they were under 22 at the time of the offense. 

  • When can I file this petition? A person may file this expungement upon the disposition of the charge. 
  • Will other convictions affect me? A person must not have any other convictions (other than minor traffic violations).
  • Will a prior expungement affect me? No, a prior expungement will not prevent you from getting another expungement under this statute.
  • Are there additional filing requirements? Yes, there are a few affidavits that must be filed with expungement petition.
  • Is there a filing fee? Yes, there is a $175 filing fee.

NCGS § 15A-145.2(c). Expunge certain drug convictions for first offenders under 22 at the time of the offense.

Any person who was under 22 at the time of the offense and has been found guilty of (1) misdemeanor possession of a controlled substance or (2) felony possession of a controlled substance under G.S. 90-95(a)(3), may file for expungement of the charge. 

  • When can I file this petition? A person must wait to file this expungement until the later of (1) 12 months after the date of conviction, or (2) the completion of any probation.
  • Will other convictions affect me? A person must not have any other convictions (other than minor traffic violations).
  • Will a prior expungement affect me? Yes, a prior expungement 15A-145.2(c) will prevent you from getting another expungement under this statute.
  • Are there additional filing requirements? Yes, there are a few affidavits that must be filed with expungement petition and the petitioner must have successfully completed an approved drug education program.
  • Is there a filing fee? Yes, there is a $175 filing fee.

Questions?

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Are you still not sure whether you qualify for an expungement? Do you have specific questions about your record you would like to discuss with a North Carolina attorney? Or are you ready to get started with the expungement process? Give us a call or send us a message today!

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