How do I expunge a criminal record in North Carolina?

Q: How do I expunge a criminal record in North Carolina?

North Carolina expunction is governed by N.C. Gen. Stat. Chapter 15A, Article 5 . 1. Second Chance Act — S.L. 2020-35 (Effective Dec. 1, 2020) - Automatic expunction of charges dismissed or resulting in not guilty verdict on or after Dec. 1, 2021 (no petition required). - Allows expunction of multiple nonviolent misdemeanor convictions if the waiting period has run. 2. Conviction Expunction — Eligibility - Nonviolent misdemeanor : 5-year waiting period after conviction or completion of sentence (whichever is later) — N.C.G.S. § 15A-145.5. - Nonviolent felony : 10-year waiting period — § 15A-145.5. - Multiple nonviolent misdemeanors: each requires separate petition; aggregate expunction possible. - Must have no other convictions during waiting period (some narrow traffic exceptions). 3. Excluded Offenses (defined as "violent" under § 15A-145.5) - Class A through G felonies. - DWI / impaired driving (§ 20-138.1 et seq.). - Sex offenses requiring registration. - Class A1 misdemeanors (with exceptions). - Offenses involving methamphetamines, heroin, possession with intent. 4. Special Categories - Under-22 drug possession (§ 15A-145.2): expunction available for first offenses with completed probation. - Gang-related offenses committed as juveniles. - Pardon of innocence recipients automatically expunged. - Identity theft / human trafficking victims under § 15A-145.5. 5. Procedure - File Petition and Order for Expunction (AOC-CR-264 or applicable form) in court of conviction. - $175 filing fee for conviction expunctions (waived for non-conviction). - DA has 30 days to object; court typically rules without hearing for non-contested. - SBI conducts background check. 6. Effect - Records destroyed by court, AOC, SBI, and arresting agency. - You may legally deny the arrest/conviction in most circumstances (except sworn applications to law enforcement). This is legal information, not legal advice.

Question

Accepted Answer

North Carolina expunction is governed by N.C. Gen. Stat. Chapter 15A, Article 5.

1. Second Chance Act — S.L. 2020-35 (Effective Dec. 1, 2020)

Automatic expunction of charges dismissed or resulting in not guilty verdict on or after Dec. 1, 2021 (no petition required).

Allows expunction of multiple nonviolent misdemeanor convictions if the waiting period has run.

2. Conviction Expunction — Eligibility

Nonviolent misdemeanor: 5-year waiting period after conviction or completion of sentence (whichever is later) — N.C.G.S. § 15A-145.5.

Nonviolent felony: 10-year waiting period — § 15A-145.5.

Multiple nonviolent misdemeanors: each requires separate petition; aggregate expunction possible.

Must have no other convictions during waiting period (some narrow traffic exceptions).

3. Excluded Offenses (defined as "violent" under § 15A-145.5)

Class A through G felonies.

DWI / impaired driving (§ 20-138.1 et seq.).

Sex offenses requiring registration.

Class A1 misdemeanors (with exceptions).

Offenses involving methamphetamines, heroin, possession with intent.

4. Special Categories

Under-22 drug possession (§ 15A-145.2): expunction available for first offenses with completed probation.

Gang-related offenses committed as juveniles.

Pardon of innocence recipients automatically expunged.

Identity theft / human trafficking victims under § 15A-145.5.

5. Procedure

File Petition and Order for Expunction (AOC-CR-264 or applicable form) in court of conviction.

$175 filing fee for conviction expunctions (waived for non-conviction).

DA has 30 days to object; court typically rules without hearing for non-contested.

SBI conducts background check.

6. Effect

Records destroyed by court, AOC, SBI, and arresting agency.

You may legally deny the arrest/conviction in most circumstances (except sworn applications to law enforcement).

This is legal information, not legal advice.