Expunctions Lawyer 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.

If you were charged with any crime, whether misdemeanor or felony, and the case was ultimately dismissed or you were found Not Guilty by a judge or jury, you are eligible to have that charge expunged under NCGS § 15A-146.  From the General Statutes:

(a)        Dismissal of Single Charge. – If any person is charged with a crime, either a misdemeanor or a felony, or was charged with an infraction under G.S. 18B-302(i) prior to December 1, 1999, and the charge is dismissed, that person or the district attorney may petition the court of the county where the charge was brought for an order to expunge from all official records any entries relating to that person’s apprehension or trial. Upon a finding that the sole charge was dismissed, the court shall order the expunction.

(a1)      Multiple Dismissals. – If a person is charged with multiple offenses and any charges are dismissed, then that person or the district attorney may petition to have each of the dismissed charges expunged. If the court finds that all of the charges were dismissed, the court shall order the expunction. If the court finds that any charge resulted in a conviction on the day of the dismissal or had not yet reached final disposition, the court may order the expunction of any charge that was dismissed.

(a2)      Finding of Not Guilty. – If any person is charged with one or more crimes, either a misdemeanor or a felony, or an infraction under G.S. 18B-302(i) prior to December 1, 1999, and a finding of not guilty or not responsible is entered for any or all of the charges, that person or the district attorney may petition the court of the county where the charge was brought for an order to expunge from all official records any entries relating to apprehension or trial of that crime. Upon determining that a finding of not guilty or not responsible was entered and all related criminal charges have reached final disposition, the court shall order the expunction of any charges disposed by a finding of not guilty or not responsible.

(a3)      Effect of Expunction. – Except as provided in G.S. 15A-151.5(b)(5), no person as to whom an order has been entered by a court or by operation of law under this section shall be held thereafter under any provision of any law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of the person’s failure to recite or acknowledge any expunged entries concerning apprehension or trial.

(a4)      (Effective December 1, 2021) Dismissal, Not Guilty, or Not Responsible on or After December 1, 2021. If any person is charged with a crime, either a misdemeanor or a felony, or is charged with an infraction, the charges in the case are expunged by operation of law if all of the following apply:

(1)        All charges in the case are disposed on or after December 1, 2021.

(2)        All charges in the case are dismissed without leave, dismissed by the court, or result in a finding of not guilty or not responsible.

Notwithstanding the provisions of this subsection, no case with a felony charge that was dismissed pursuant to a plea agreement will be expunged pursuant to this subsection. Prior to December 1, 2021, the Administrative Office of the Courts shall develop and have in place procedures to automate the expunction of records pursuant to this subsection.

The question of whether a prior conviction is eligible for expungement is more complicated, and is never guaranteed even if eligibility is established.  Under NCGS § 15A-145.5, certain first-time non-violent felony convictions are eligible for expungement, and one or more non-violent misdemeanor convictions may be eligible if other conditions are met (including no prior or subsequent felony convictions).  From the statute:

(a)        For purposes of this section, the term “nonviolent misdemeanor” or “nonviolent felony” means any misdemeanor or felony except the following:

(1)        A Class A through G felony or a Class A1 misdemeanor.

(2)        An offense that includes assault as an essential element of the offense.

(3)        An offense requiring registration pursuant to Article 27A of Chapter 14 of the General Statutes, whether or not the person is currently required to register.

(4)        Any of the following sex-related or stalking offenses: G.S. 14-27.25(b), 14-27.30(b), 14-190.7, 14-190.8, 14-190.9, 14-202, 14-208.11A, 14-208.18, 14-277.3, 14-277.3A, 14-321.1.

(5)        Any felony offense in Chapter 90 of the General Statutes where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine.

(6)        An offense under G.S. 14-12.12(b), 14-12.13, or 14-12.14, or any offense for which punishment was determined pursuant to G.S. 14-3(c).

(7)        An offense under G.S. 14-401.16.

(7a)      An offense under G.S. 14-54(a), 14-54(a1), or 14-56.

(8)        Any felony offense in which a commercial motor vehicle was used in the commission of the offense.

(8a)      An offense involving impaired driving as defined in G.S. 20-4.01(24a).

(9)        Any offense that is an attempt to commit an offense described in subdivisions (1) through (8a) of this subsection.

(b)        Notwithstanding any other provision of law, if the person is convicted of more than one nonviolent felony or nonviolent misdemeanor in the same session of court, then the multiple nonviolent felony or nonviolent misdemeanor convictions shall be treated as one nonviolent felony or nonviolent misdemeanor conviction under this section, and the expunction order issued under this section shall provide that the multiple nonviolent felony convictions or nonviolent misdemeanor convictions shall be expunged from the person’s record in accordance with this section.

(c)        A person may file a petition, in the court of the county where the person was convicted, for expunction of one or more nonviolent misdemeanor convictions or one nonviolent felony conviction from the person’s criminal record. The petition shall not be filed earlier than one of the following:

(1)        For expunction of one nonviolent misdemeanor, five years after the date of the conviction or when any active sentence, period of probation, or post-release supervision has been served, whichever occurs later.

(2)        For expunction of more than one nonviolent misdemeanor, seven years after the date of the person’s last conviction, other than a traffic offense not listed in the petition for expunction, or seven years after any active sentence, period of probation, or post-release supervision has been served, whichever occurs later.

(3)        For expunction of one nonviolent felony, 10 years after the date of the conviction or 10 years after any active sentence, period of probation, or post-release supervision has been served, whichever occurs later.

A person previously granted an expunction under this section is not eligible for relief under this section for any offense committed after the date of the previous order 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.

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.

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.