Expunge Dismissed Charges in North Carolina

In North Carolina, there are three different statutes that apply to expungement of charges that have been dismissed or found not guilty. 

NCGS § 15A-146.  Expungement of dismissed or not guilty charges.

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 in either North Carolina or any other state.  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.

NCGS § 15A-145.2(a).  Expungement of drug charges dismissed pursuant to GS 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.

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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