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Expunction cases in North Carolina are usually more complex than they appear on the surface. While you may be able to file a petition for expunction yourself, even minor errors can result in a denial of your request.

Hiltzheimer North Carolina Expunction Lawyer

An expunctions lawyer in North Carolina can give you your best chance of successfully clearing your record. At Hiltzheimer Law Office, we’re committed to standing by our clients — even if they are found guilty. We believe in second chances, so if you’re ready for a fresh start, contact us today to set up a free consultation.

What Is an Expunction Under NCGS § 15A‑145.5 in North Carolina?

What is an expunction? Expunction (also called “expungement”) is a legal process where the court destroys criminal records of a given arrest and conviction. Having charges expunged comes with many benefits:

You can legally deny having committed the offense (except to federal immigration authorities)
You may have an easier time obtaining a professional license
You will have improved access to affordable housing
You will regain eligibility for public assistance
You will have access to improved job opportunities
You will have the psychological benefit of starting over with a clean slate

It’s important to note that while an expunction clears your arrest and conviction from the public record, some government agencies may still have a record of the crime.

The part of North Carolina law that deals with expunctions, NCGS § 15A-145.5, limits the types of criminal charges that can be expunged. Instead of wondering whether you are or are not eligible for expunction in North Carolina, you should always consult an attorney.

Types of Expunctions in North Carolina

Expunction laws in North Carolina are extremely complex. Not all offenses for which you’ve been convicted qualify for expunction — they must meet case-specific requirements. These are some of the most common:

Some non-violent misdemeanor convictions
Some non-violent felonies
Certain gang offenses
Some drug or drug paraphernalia charges
Some prostitution offenses

However, these charges cannot be expunged under all circumstances. North Carolina courts will generally issue an expunction order if the criminal records in question fall into one of the following categories:

The conviction happened a certain number of years ago
The case was dismissed, involved a diversion program, or otherwise did not result in a conviction
The crime was within a certain category of drug offense

Criminal record expunction is more complex than it seems from the outside. If you have been convicted of a criminal offense and hope to have your record expunged, we can help you determine whether you meet eligibility requirements.

Eligibility for Expunction

In order to qualify for North Carolina expunction, charges must meet several requirements. Talking to a North Carolina expunction lawyer is the best way to determine whether you’re eligible, but these are some of the key points:

Class A through Class G felony convictions may not be expunged
Class A1 misdemeanor convictions may not be expunged
DWI convictions are not eligible for expunction
Convictions of possession with intent to deliver heroin, methamphetamines, or cocaine aren’t eligible
Most sex-related or stalking-related convictions aren’t eligible
You can apply to expunge one non-violent misdemeanor five years after your sentence has ended
You can apply to expunge multiple non-violent misdemeanor convictions after seven years
You can apply to expunge a non-violent felony conviction after 10 years
You must not have any pending criminal charges
You must not have any previous expunctions for convictions
You must not currently be on probation or parole
You must establish that you are of good moral character

The waiting period (five years for a misdemeanor conviction and 10 years for a felony offense) can be confusing for some people. The waiting period starts once you have served your complete sentence (including probation) for the crime.

Dismissed charges qualify for automatic expunction if the dismissal was entered after October 1, 2023. This means on newly dismissed charges that you do not have to do anything to get them expunged — the court will handle the process for you by “operation of law,” under a new law that went into effect in 2024. If your case was dismissed prior to October 1, 2023, or otherwise was not automatically expunged, we can file a petition on your behalf to get it expunged for you.

The Expunction Process

Much like an actual criminal proceeding, the expunction process can take a significant amount of time. Your expunction lawyer will keep you informed of your case’s progress, but here’s a quick look at how the general process works:

We will review your record and determine whether you are eligible
We will prepare an Expunction Petition under the correct statute, depending on your circumstances
We will advise you as to additional documentation that may be required to accompany your petition
We will collect the $175 filing fee and file the petition on your behalf
Depending on the county and the specific circumstances, an in-person hearing may or may not be required
We will advise you once we receive a ruling from the court
If the court rules in your favor, it issues a court order to expunge the given offenses from your criminal record

While the prospect of clearing your criminal record can be an exciting one, remember to be patient. The process leading up to the court’s decision may take several months, and once the court issue for expungement has been given, it may still take up to a year for all relevant agencies to remove their records of your past convictions.

Crime and violence concept with handcuffs

Record Sealing vs. Expunction

Many people think that having a crime expunged is the same as having your criminal record sealed. However, the two are different. Expunction involves destroying case records so it appears your conviction never happened. Sealing your criminal record does not destroy evidence of your conviction, but it hides it from the public record and from many kinds of background checks. In North Carolina, if you are eligible, state law allows for expunction of criminal records.

Getting Help With Expunction

Expunction laws in North Carolina can be a challenge to understand. And because the process involves much more than filing a form or two, hiring a criminal defense lawyer can streamline the process. The team at Hiltzheimer Law Office can guide you through each step of the process. Here’s how we may be able to help:

Reviewing the complex body of expunction law, along with your complete record, to determine whether you qualify for expungement of one or more records
Compiling and filling out the correct documents
Submitting your petition or multiple petitions for expungement to the court, in multiple counties if required
Helping with drafting and compiling additional documents, as required, such as affidavits of good character
Communicating with the clerk of court throughout the process
Representing you at expungement hearings if needed
Following up to make sure your criminal record was expunged

The process of expunction is an involved one, but for most people, it’s well worth it. When you no longer have a criminal record hanging over your head, you’ll see a whole new world of opportunity open up.

Frequently Asked Questions

If your felony or misdemeanor conviction is eligible and the waiting period is over, you may file for an expunction yourself. This involves filling out specific court documents. You may also need to attach supporting documentation. Additionally, you’ll have to pay the filing fee, which is usually $175.

However, the process of criminal record expunction is difficult to navigate if you don’t have legal experience. Working with an attorney can give you the best chance of success.

To receive an expunction, if you were convicted of the crime, your charges must fit certain criteria. Only some (generally non-violent, less severe felonies and misdemeanors) are eligible, and you can only apply five years after a misdemeanor and 10 years after a felony. Eligibility is complex, and your best chance of success is working with an experienced criminal defense attorney who is familiar with the expungement process.

Only certain convictions can be expunged from your criminal record. Class A through Class G felonies and Class A1 misdemeanor convictions are not eligible for expunction. Crimes must be non-violent. However, if a criminal charge is dismissed, the crime is expunged regardless of the severity.

That depends on whether your county is dealing with a significant backlog of cases, as well as the specific type of expunction petition filed. Our attorneys at Hiltzheimer Law Office have experience with expunctions in numerous counties, and every county is different with respect to procedures and timelines. Your attorney will give you a more accurate picture of how long you can expect to wait.