Expunge Misdemeanor and Felony Convictions in North Carolina

NCGS § 15A-145.5.  Expungement of certain misdemeanors and felonies without age limitation.

Any person who has been convicted of a “nonviolent felony” may file for expungement of the conviction once fifteen years have elapsed. 

A “nonviolent felony” does NOT include the following:

  • A class A - G felony
  • A felony that includes assault as an essential element of the offense
  • A felony requiring sex offender registration 
  • Certain other felonies
  • When can I file this petition? A person must wait to file the expungement until the later of fifteen years after (1) the date of the conviction or (2) the completion of any period of probation, active sentence, or post-release supervision.
  • 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 under 15A-145, 15A-145.1, 15A-145.2, 15A-145.3, 15A-145.4, or 15A-145.5 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.
  • 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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