North Carolina Expungement Law

Expunction of records of juveniles adjudicated (tried and found guilty) delinquent and undisciplined – N.C. G.S. 7B-3200

If a person was adjudicated (found guilty) delinquent and undisciplined as a juvenile, state law provides for the expungement of those records.  The person must wait until their 18th birthday to apply for the expungement.  This does not apply to serious crimes (class A through E felonies).  To be eligible the person cannot be found guilty of any later crimes committed as a juvenile (15 and under) or an adult (16 or older).

Expungements Under 7B-3200

• Am I eligible?  Your record must be clean.  Any later felony or misdemeanor convictions (other than minor traffic violations) will disqualify you from being eligible under this statute.
• When are you eligible?  At 18 years old and/or 18 months after you have been released from juvenile court jurisdiction.
• Fees?  No filing fees.
• Link to the Statute

Expunction of records of juveniles alleged to be delinquent and undisciplined where the case was dismissed. – N.C. G.S. 7B-3200(h).

If a person was alleged to be delinquent and undisciplined as a juvenile and the case was dismissed, state law provides for the expungement of those records of arrest.  The person must wait until their 16th birthday to apply for the expungement.  This is a great way to get rid of a record of arrest for a juvenile who completed a deferred prosecution program where his/her case was ultimately dismissed.

Expungements Under 7B-3200(h)

• Am I eligible?  Your case must have been dismissed without an adjudication that you were delinquent or undisciplined.
• When are you eligible?  16 years old and older
• Fees?  No filing fees.
• Link to the Statute

Expunction of certain dismissed drug offenses for First Offenders 21 and under when the arrest occurred – N.C. G.S. 15A-145.2

If you were charged with a misdemeanor or certain felony drug possession charges under N.C. G.S. 90-96 (conditional discharge of first time drug offenses) and the charges were subsequently dismissed, you were found not guilty or you were found guilty you could be eligible to have those charges expunged.  Again this is one time only expunction.  It also applies for drug paraphernalia charges.

Expungements under 15A-145.2

• Am I eligible?  Under most situations this can be the only felony or misdemeanor drug charge on your record (other than minor traffic violations).  You had to be 21 years or younger at the time of the offense.
• When am I eligible?  As soon as the charges are dismissed or you are found not guilty.  If you are found guilty then you must wait 12 months from the date of conviction to apply.
• Cost? $175.00 filing fee.
• Link to the Statute

Expunction when charges are dismissed or with findings of not guilty as a result of identity theft – N.C. G.S. 15A-147

If you were charged with a misdemeanor or felony as a result of identity theft (i.e. someone fraudulently giving your name to the police) and the case was dismissed (or you were found not guilty) then you can have the record expunged.

Expungements under 15A-147

• Am I eligible?  Only if your case revolved around identity theft (someone else used your name and info).
• When am I eligible?  As soon as the charges are dismissed or you are found not guilty.
• Cost? No filing fee.
• Link to statute

Expunction of Possession of Alcohol by Persons Under 21 Years – N.C. G.S. 15A-145(a)

If you were convicted of possession of alcohol under N.C. G.S. 18B-302(b)(1) and the offense was committed before your 21st birthday you could be eligible to have the record Expunged.  You must wait two (2) years from the conviction or completion of probation to apply for an Expunction.  Any misdemeanor or felony convictions during the two years after your alcohol conviction make you ineligible for expungement.

Expungements under 15A-145(a)

• Am I eligible?  If you’ve stayed out of trouble for two years after your alcohol charge (minus minor traffic offenses).
• When am I eligible?  Two years after your conviction or the completion of probation.
• Cost? $175.00 filing fee.
• Link to statute

Expunction of Misdemeanors Committed by a Minor – N.C. G.S. 15A-145(a)

If you were convicted of a misdemeanor and the offense was committed before your 18th birthday you could be eligible to have the record expunged.  You must wait two (2) years from the conviction or completion of probation to apply for the expungement.  Any misdemeanor or felony convictions during the two years after your conviction make you ineligible for Expungement.

Expungements under 15A-145(a)

• Am I eligible?  If you’ve stayed out of trouble for two years after your misdemeanor (minus minor traffic offenses).
• When am I eligible?  Two years after your conviction or the completion of probation.
• Cost? $175.00 filing fee.
• Link to statute

Expunction of records when the case is dismissed or there are findings of not guilty. – N.C. G.S. 15A-146

N.C. G.S. 15A-146 provides for expungement of charges in cases that were either dismissed or where a person was found not guilty.  The person cannot have any felony convictions on their record.  An individual can use this type of expungement as many times as they want.  This expungement is not allowed if there is an active criminal case.  This is a great Expungement to use if your cases was dismissed under N.C. G.S. 90-96 (Conditional Discharge of First Time Drug Offenders).

Expungements Under 15A-146

• Am I eligible?  You can only use this once and you can’t have used a prior expungement under several other sections of state law.  Ask our law office for a free case evaluation and we’ll tell you if you’re eligible or not.
• When are you eligible? Any age.
• Fees? No filing fees unless the case was dismissed as a result of a deferred prosecution agreement that was signed by a judge (i.e 90/96).
• Link to statute

Expunction of records when a pardon of innocence is granted

If you were pardoned by the Governor of North Carolina you may apply for an expungement of all your criminal records with the pardoned offense.

Expungements Under 15A-149

• Am I eligible?  Only if you’ve received a pardon.
• Fees? No Filing Fees
• Link to statute

Expunction of records for toxic vapors/drug paraphernalia charges

If you were 21 and under and completed a first offenders program for toxic vapors or drug paraphernalia you are eligible to have your record expunged.

Expungements Under 15A-145.3

• Am I eligible?  You must have been 21 or younger at the time of the offense.
• When am I eligible? After a dismissal (usually upon the successful completion of a first offenders progam) of the charges or 12 months after the date of conviction for a guilty plea or finding of guilt.  You also must have stayed out of trouble during the time after your charge.
• Fees? No filing fees
• Link to statute

Expunction of records for certain gang offenses

If you were 17 or younger and charged with certain gang offenses you may be eiligible to have your record expunged.  You had to have pled guilty or been convicted of an offense under  Article 13A of Chapter 14 of the N.C. G.S. North Carolina Street Gang Supression Act)  or an enhanced offense under N.C. G.S. 14-50.22 (gang enhancement for those 15 and older).  You are also eligible if your charges were dismissed under N.C. G.S. 14-50.29 (conditional discharge for first time offenders under 18).  This must be the only felony or misdemeanor on your record (outside of traffic offenses).  You must wait until two years after your probation finished or after the conviction if no probation was imposed.

Expungements Under 15A-145.1

• Am I eligible?  You had to have been 17 or younger and have a clean record other than this one offense.
• When am I eligible?  Two years after your conviction (without probation) or after the completion of probation.  You must have a clean record during this time.
• Fees? No filing fees
• Link to statute

Expunction of records of non-violent felony under age 18

If you were convicted of a non-violent felony under the age of 18 then you may be eligible to have your record Expunged.  This can be the only conviction on your record.  You must also perform 100 hours of community service.  You must also wait four years after the conviction where no sentence was imposed or four years after finishing probation/jail time.

Expungements Under 15A-145.4

• Am I eligible?  This can be your only conviction on your record and you had to have been under 18.
• When am I eligible? Four years after the conviction or completion of probation/jail time.
• Fees?  $175 Court Costs
• Link to statute

G.S. 15A-145.5 authorizes expunction of older nonviolent misdemeanor and felony convictions. This type of expunction is effective for petitions filed on or after December 1, 2012. So a person who satisfies the statutory criteria may obtain an expunction whether the offense happened before or after that date.

“Nonviolent felony” and “nonviolent misdemeanor” are defined in G.S. 15A-145.5. The offense may not fall into one of several categories, it can’t be a Class A through G felony or Class A1 misdemeanor, which leaves only Class H and I felonies and Class 1, 2, and 3 misdemeanors eligible for an expunction.

A waiting period is required before the filing of an expunction petition. G.S. 15A-145.5(c) states that a petition may not be filed earlier than (10 years for certain low level felony convictions and 5 years for certain misdemeanor convictions). This language appears to require that a person wait until 5 to 10 years have passed from the date of conviction or 5 to 10 years from when the person completes the terms of his or her sentence, whichever occurs later.

Most expunction statutes provide that the court “shall” or “must” grant an expunction petition if the court finds that all of the statutory requirements have been met.  G.S. 15A-145.5(c) states that the court “may” grant an expunction of a nonviolent felony or nonviolent misdemeanor conviction if the statutory requirements are satisfied.  Use of the term “may” could give the judge discretion to deny an expunction petition even if the petitioner has met all of the requirements.

• Am I eligible? It depends on your record.  Call for a free consultation with NC Expungement Attorney Wiley Nickel
• When am I eligible? Five years after the conviction or completion of probation/jail time for certain misdemeanor convictions.  Ten years after the conviction or completion of probation/jail time for certain low level felony convictions.
• Fees? $175
• No Age limitation
• Link to statute