Expungement Law in North Carolina

15A-145.  Expunction for first offenders under 18 at the time of commission of a misdemeanor

Any person who is guilty of a misdemeanor (other than a traffic violation) and the offense was committed before they turned 18, 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) two years after the date of the 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? 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. 

15A-145.  Expunction of misdemeanor possession of alcohol pursuant to G.S. 18B-302(b)(1) for first offenders who were under 21

Any person who is guilty of misdemeanor possession of alcohol pursuant to G.S. 18B-302(b)(1), and the offense was committed before they turned 21, 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) two years after the date of the 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? 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.

15A-145.1.  Expunction of records for first offenders under 18 at the time of conviction of certain gang offenses.

Any person who is guilty of (1) a Class H felony under Article 13A of Chapter 14 of the General Statutes or (2) an enhanced offense under G.S. 14-50.22, or has been discharged and had the proceedings against the person dismissed pursuant to G.S. 14-50.29, and the offense was committed before they turned 18, 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) two years after the date of the 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? 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.

15A-145.2(a). Expunction of records for first offenders under 22 at the time of the offense of certain drug offenses.

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.

15A-145.2(b). Expunction of records for first offenders under 22 at the time of the offense of certain drug offenses.

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.

15A-145.2(c). Expunction of records for first offenders under 22 at the time of the offense of certain drug offenses.

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.

15A-145.3. Expunction of records for first offenders under 22 at the time of the offense of certain toxic vapors offenses.

Any person who has been charged with inhaling or possessing toxic vapor substance in violation of G.S. Ch. 90, Art. 5A AND has had the charges dismissed pursuant to 90-113.14(a), and the offense was committed before they turned 22, 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) two years after the date of the 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? 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.

15A-145.4.  Expunction of nonviolent felonies for first offenders under 18

Any person who has been convicted of a “nonviolent felony,” and the offense was committed before they turned 18, may file for expungement of the conviction.  A “nonviolent felony” is any felony except for class A - G felony, a felony that includes assault as an essential element of the offense, a felony requiring sex offender registration, and certain other felonies.

  • When can I file this petition? A person must wait to file the expungement until the later of (1) four years after 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? No, a prior expungement will not prevent you from getting another expungement under this statute.
  • Are there additional filing requirements? Yes, the petitioner must have completed at least 100 hours of community service, and there are a few affidavits that must be filed with expungement petition.
  • Is there a filing fee? Yes, there is a $175 filing fee.

15A-145.5.  Expunction of certain misdemeanors and felonies; no 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” is any felony except for class A - G felony, a felony that includes assault as an essential element of the offense, a felony requiring sex offender registration, and 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.

15A-145.6.  Expunctions for certain defendants convicted of prostitution.

Any person who has been convicted of a prostitution offense may file for expungement of the conviction if: (1) the offense arose from being a victim of human trafficking or sexual servitude; OR (2) the petitioner has no prior convictions for a prostitution offense and at least three years have passed since the later of the conviction date or the completion of any active sentence, period of probation, and post-release supervision; OR (3) the petitioner received a conditional discharge pursuant to G.S 14-204(b).

  • When can I file this petition? A person must wait to file the expungement until the later of three years after (1) the date of the conviction or (2) the completion of any period of probation, active sentence, or post-release supervision. However, if the offense arose from being a victim of human trafficking or sexual servitude, or the charges were dismissed pursuant to G.S 14-204(b), then the petitioner may file for expungement as soon as the case is disposed. 
  • Will other convictions affect me? A person must not have a conviction for any violent felony or violent misdemeanor.
  • 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? No, there is no filing fee.

15A-146.  Expunction of records when charges are dismissed or there are findings of not guilty.

Any person who has been charged with a crime but the charge has been dismissed may file for expungement of the charge so long as they do not have a felony conviction on their record.  More than one dismissed charge may be expunged if either (1) the charges occurred within one year of each other, or (2) the charges were disposed on the same session of court (one week for superior court and one day for district court). 

  • When can I file this petition? A person may file the petition as soon as the charge(s) has been dismissed.
  • Will other convictions affect me? A person must not have any felony convictions.
  • Will a prior expungement affect me? Yes, a prior expungement under G.S. 15A-145, 15A-145.1, 15A-145.2, 15A-145.3, 15A-145.4, 15A-145.5, or 15A-146 will prevent you from receiving another expungement under this statute.
  • Are there additional filing requirements? No, there are not additional filing requirements.
  • Is there a filing fee? No, generally there is no filing fee. However, if the charges were dismissed pursuant to compliance with a deferred prosecution agreement, then there is a filing fee of $175.

15A-147.  Expunction of records when charges are dismissed or there are findings of not guilty as a result of identity theft.

Any person who has been charged with a crime due to identity theft or mistaken identity and the charge has been dismissed or they have been found not guilty may file for expungement of the charge. In addition, any insurance company that charged any additional premium based on insurance points assessed against a policyholder as a result of a charge or conviction that was expunged under this section shall refund those additional premiums to the policyholder upon notification of the expungement.

  • When can I file this petition? A person may file the petition as soon as the charge(s) has been dismissed or they have been found not guilty.
  • Will other convictions affect me? No, other convictions will not affect an expungement under this statute.
  • Will a prior expungement affect me? No, a prior expungement will not prevent you from receiving another expungement under this statute.
  • Are there additional filing requirements? No, there are not additional filing requirements.
  • Is there a filing fee? No, there is no filing fee.

15A-148.  Expunction of DNA records when charges are dismissed on appeal or pardon of innocence is granted.

Any person who has received an order by an appellate court reversing and dismissing a conviction of an offense for which a DNA analysis was done in accordance with Article 13 of Chapter 15A of the General Statutes, or upon receipt of a pardon of innocence with respect to any such offense, may file for expungement of the DNA record and samples.

  • When can I file this petition? A person may file the petition as soon as the charges are dismissed on appeal or a pardon of innocence has been granted.
  • Will other convictions affect me? No, other convictions will not affect an expungement under this statute.
  • Will a prior expungement affect me? No, a prior expungement will not prevent you from receiving another expungement under this statute.
  • Are there additional filing requirements? No, there are not additional filing requirements.
  • Is there a filing fee? No, there is no filing fee.

15A-149.  Expunction of records when pardon of innocence is granted.

Any person who has been convicted of a misdemeanor or a felony and received a pardon of innocence from the Governor may file for expungement of the charge.

  • When can I file this petition? A person may file the petition as soon as the pardon of innocence has been granted and filed in the court where they were convicted.
  • Will other convictions affect me? No, other convictions will not affect an expungement under this statute.
  • Will a prior expungement affect me? No, a prior expungement will not prevent you from receiving another expungement under this statute.
  • Are there additional filing requirements? No, there are not additional filing requirements.
  • Is there a filing fee? No, there is no filing fee.

15A-173.2.  Certificate of Relief

A certificate of relief is an addition to your criminal record that relieves a potential employer from liability for negligent hiring. Call us today to see if this would benefit you!

15A-1333.  Expunction of presentence report.

A defendant may ask the court, in its discretion, to order a written presentence report, the record of an oral presentence report, or a sentencing plan expunged from the court record.

7B-3200. Expunction of records of juveniles alleged or adjudicated delinquent and undisciplined.

Any person who has been found delinquent and/or undisciplined as a juvenile (15 years old or younger) may file for expunction of all records of that adjudication. 

  • How old must I be? A person must be at least 18 years old to apply for this expungement
  • Can all types of juvenile convictions be expunged? No, serious (class A through E) felonies may not be expunged.
  • Will other convictions affect me? A person must not have any other convictions (other than minor traffic violations).

Questions?

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