What is an expungement in North Carolina?

In North Carolina, an expungement is when a judge orders a record sealed so the public cannot see it. The purpose is to seal a record as if the charge or conviction had never occurred.

Are expunged records visible to anyone?

Expunged records are sealed from the general public, but the SBI and prosecutors can see them. New laws give prosecutors electronic access to records expunged on or after December 1, 2017. While records are sealed to the public and you can legally say you have not been charged, prosecutors can see them in a confidential system and they may be considered on future convictions.

How do I petition for expungement in North Carolina?

The first step is to determine whether you are eligible for an expungement and, if so, under which statute. North Carolina currently has 12 statutes that allow for expungement of a criminal record, and although an offense may be eligible, other convictions on a record could disqualify an individual. Certain requirements must be met before petitioning, and an experienced expungement lawyer can do a pre-screening to see if you are eligible to petition.

North Carolina Record Expungement Lawyer | Confidential Consultation

Q: Who can get an expungement in North Carolina?

Eligibility depends on the statute and a person’s record. Recent changes allow expungement of a non-violent (and not a DWI) misdemeanor conviction after 5 years and a felony after 10 years. A 2021 change also allows multiple non-violent felony convictions to be expunged after 20 years, and other convictions on a record can disqualify a person even if an offense is otherwise eligible.

Q: Is there a filing fee to petition for an expungement in North Carolina?

Filing fees depend on how the case was disposed of and which statute applies. The page notes there is currently a filing fee at the clerk of court to petition for an expungement when a case was dismissed under deferred prosecution, but no filing fee when it is voluntarily dismissed.

What is an Expungement?

A criminal record can follow you around your entire life, depriving you of opportunities. The good news, though, is that in North Carolina it’s possible to get your criminal record cleaned by petitioning the court for an expungement. Keep reading to learn more about expungements, or schedule a consultation with a skilled criminal defense lawyer to start the petitioning process today.

In North Carolina, an expungement is when a judge orders a record sealed so the public cannot see it. The purpose of the expungement is to seal a record as if the charge or conviction had never occurred. While the SBI and soon prosecutors can see your record, the public cannot. To learn more, contact our North Carolina expungement lawyers.

There are multiple different Expungement Statutes in North Carolina and different types of expungements. Different rules and filing fees depend upon how the case was disposed of. For example, there is a statute to expunge past convictions and a different statute for expunging dismissals. Currently, there is a filing fee at the clerk of court to petition for an expungement when the case was dismissed under deferred prosecution, but no filing fee when it is voluntarily dismissed. Each different statute has different rules.

Expungement-img

Who Can Get an Expungement in North Carolina?

There have been a few recent changes to state laws regarding eligibility for expungements. You can now get an expungement on a (non-violent and not a DWI) misdemeanor conviction after 5 years and on a felony after 10 years. Under Senate Bill 445 the limitation of 1 expungement per lifetime is removed for dispositions other than convictions, and the waiting periods have been shortened as well.

Non-violent misdemeanor conviction wait period will be 5 years instead of 15
Non-violent low-level felonies, the wait period will be 10 years instead of

A further change to the Law in 2021 now allows multiple non-violent felony convictions to be expunged after 20 years. SL2021-118

“AN ACT TO ALLOW FOR THE EXPUNCTION OF UP TO THREE NONVIOLENT FELONIES, TO EXPAND THE DEFINITION FOR THE TERM ‘NONVIOLENT FELONY,’ TO ALLOW THE PUBLIC DEFENDER OR PRIVATE COUNSEL TO FILE A PETITION FOR EXPUNCTION ON BEHALF OF A PERSON ELIGIBLE TO EXPUNGE CERTAIN OFFENSES COMMITTED UNDER THE AGE OF EIGHTEEN, AND TO ALLOW ACCESS TO EXPUNCTION RECORDS FOR DETERMINING CONDITIONAL DISCHARGE ELIGIBILITY.”

These new laws also give prosecutors electronic access to records expunged on or after December 1, 2017. So, while the records are sealed to the general public, and you can legally say you have not been charged, the prosecutor can see them in a confidential system, so they may be considered on future convictions.

The statute provides an opportunity for thousands of North Carolinians who have already paid their debt to make positive contributions to their communities and to lead meaningful lives. During your initial consultation, our North Carolina lawyers can further explain how state expungement law applies to your criminal record.

erased

For a free legal consultation with a record expungement lawyer serving North Carolina, call (336) 485-4907 today

How Do I Petition for Expungement?

The first step is to determine if you are eligible for an expungement and, if so, under which statute. Currently, NC has 12 statutes that allow for expungement of a criminal record. It is also important to remember that although a certain offense may be “eligible”, certain other convictions on a record could disqualify an individual from obtaining an expungement. Additionally, there are certain requirements a petitioner must meet before they can petition for an expungement

An experienced expungement lawyer can do a pre-screening and see if you are eligible to petition for an expungement in North Carolina. Unsure if you qualify for an expungement?
Use our pre-screening form to find out.

Eraser partially removing the word "PAST" on white paper, with shavings scattered around.

Meet with an Expungement Lawyer in North Carolina

Facing an expungement case can be overwhelming. McMinn, Fradin, Gray & Logan’s compassionate North Carolina expungement lawyers will answer your questions and guide you to understanding. Second chances start here. Get personalized support throughout your expungement journey by scheduling a consultation today.

Wooden gavel resting on a desk with blurred scales of justice in the background.