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Criminal Record Expungement

North CarolinaCriminal Expungement

Learn how to clear arrests and convictions from your criminal record in North Carolina.

Clean Slate State

North Carolina has automatic expungement laws. Some eligible records may be cleared without filing a petition.

At a Glance

$175Filing Fee
YesFee Waiver
YesClean Slate
Check Eligibility →

Legal Terminology in North Carolina

Expungement

expunction

Sealing

sealing

Eligibility Requirements

General requirements for criminal record expungement in North Carolina.

Generally Eligible

Any charge dismissed by the prosecutor without leave
Any charge resulting in a not guilty verdict
Charges where no probable cause was found

Generally Not Eligible

Class A through G Felonies (Violent & Serious Crimes)

  • Murder (first or second degree)
  • Voluntary manslaughter
  • Rape and sexual offenses
  • Kidnapping
  • Armed robbery
  • First-degree burglary
  • Arson
  • Habitual felony
  • Trafficking in controlled substances
  • Any Class A, B1, B2, C, D, E, F, or G felony

Only Class H and I felonies are eligible for expunction under the Second Chance Act

Sex Offenses Requiring Registration

  • Any offense requiring registration under Article 27A of Chapter 14
  • Sexual battery (G.S. 14-27.33)
  • Incest (G.S. 14-178)
  • Human trafficking (G.S. 14-43.11, 14-43.13)
  • Indecent liberties with a child
  • Sexual exploitation of a minor
  • Promotion of prostitution (when victim is minor)

Class A-1 Misdemeanors (Assault-Related)

  • Assault on a female (G.S. 14-33(c)(2))
  • Assault inflicting serious injury (G.S. 14-33(c)(1))
  • Assault by pointing a gun (G.S. 14-34)
  • Assault on a government official or employee (G.S. 14-33(c)(4))
  • Assault with a deadly weapon

DWI and Impaired Driving

  • Driving While Impaired (G.S. 20-138.1)
  • Commercial DWI (G.S. 20-138.2)
  • Habitual Impaired Driving (G.S. 20-138.5)
  • Death by vehicle (impaired driving)

DWI convictions are permanently ineligible for expunction

Certain Drug Trafficking Offenses

  • Trafficking in marijuana (over 10 lbs)
  • Trafficking in cocaine, methamphetamine, heroin, or opiates
  • Manufacturing methamphetamine
  • Operating or maintaining a dwelling for controlled substances

Minor possession charges may be eligible; trafficking charges are not

Disqualifying Convictions Under G.S. 15A-145.5(a)

  • Any prior conviction for a violent felony or Class A-1 misdemeanor
  • More than one non-violent felony conviction
  • More than four non-violent misdemeanor convictions
  • Any felony or misdemeanor conviction during the waiting period

These convictions make a person ineligible to expunge OTHER convictions

The Process

1

Verify Your Eligibility

Ensure you meet all requirements for conviction expunction.

2

Calculate Your Eligibility Date

Determine exactly when your waiting period is complete.

3

Gather Required Documents

Collect all documents related to your conviction and sentence.

4

Complete the Petition for Expunction

Fill out the appropriate form based on your conviction type.

5

File the Petition with the Clerk

Submit your petition to the clerk of superior court in the county of conviction.

30-60 minutes
6

Attend the Court Hearing

The court will schedule a hearing to determine if you qualify.

Hearing typically scheduled 30-90 days after filing
7

Obtain the Expunction Order

If granted, get certified copies of the order.

8

Verify Complete Expunction

Check that your record has been removed from all databases.

60-120 days after order

Legal Resources

North Carolina Judicial Branch - Expunctions Information

Official NC Courts website with expunction information, forms, and procedures.

NC Second Chance Alliance

Non-profit organization providing expungement resources and assistance in North Carolina.

Legal Aid of North Carolina - Criminal Record Expunction

Free civil legal assistance for low-income North Carolinians, including expunction help.

NC State Bureau of Investigation - Expungements

NCSBI information on expungements and how to check your criminal history.

UNC School of Government - Relief from Criminal Conviction

Comprehensive guide to expunctions, types, requirements, and procedures.

North Carolina Justice Center - Second Chance Act Resources

Detailed information about the Second Chance Act and expunction eligibility.

Legal Authority

N.C. Gen. Stat. § 15A-145

Expunction of Records for First Offenders Under Age 18

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N.C. Gen. Stat. § 15A-145.2

Expunction of Records for First Offenders Under Age 21

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N.C. Gen. Stat. § 15A-145.5

Expunction of Certain Misdemeanors and Felonies

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N.C. Gen. Stat. § 15A-145.6

Expunction of Prostitution Offenses

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N.C. Gen. Stat. § 15A-146

Expunction of Records When Charges Dismissed or Not Guilty

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N.C. Gen. Stat. § 15A-145.8

Expunction of Certain Gang Offenses

View source →

Eligibility Timeline Calculator

Find out exactly when you can file for expungement

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Need More Help?

Consider consulting with a legal aid organization or attorney for personalized guidance.

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Disclaimer: This information is for educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney for advice about your specific situation.