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Expungement Law

This section of the website is devoted to summarizing some of the more common North Carolina Statutes that pertain to expungement or obtaining dismissals.  None of the summaries provided below are comprehensive.  Please understand that your situation and criminal record are unique, and the content of this page is intended only to provide general information, and not to give you specific legal advice.  We will gladly speak with you about determining if you are eligible for expunction, pardon, or other means of clearing up your record if you give us a call or send us an email.

Remember, that once an expungement has been granted to you, all North Carolina expungement statutes state that you do NOT have to say you were ever arrested or stood trial for the expunged offense.

Expunge Felonies of a Minor

Expunge Felonies Committed by a Minor - N.C. Gen. Stat. 15A-145.4

N.C. Gen. Stat. 15A-145.4 entitles a person to the expungement of a misdemeanor conviction if the offense was committed prior to the person's 18th birthday.  The person must wait until two (2) years have elapsed following the later of either the conviction or the completion of probation.  The petition must include a number of affidavits.  The person can have no outstanding orders of restitution against them.

 

Quick Facts about 15A-145.4:

  • Will Other Convictions Disqualify Me? Yes, any felony or misdemeanor conviction, other than minor traffic violations will disqualify a person from being eligible under this statute.
  • Do Previous Expungements Disqualify Me? No.
  • Are there filing fees for this expungement? Yes, $125.00 filing fee.

Expunge Misdemeanor and Felony Convictions without Age Limitation

Expunge Certain Misdemeanor and Felony Convictions without Age Limitation – N.C. Gen. Stat. 15A-145.5 

 
15A-145.5 became effective December 1, 2012.  The law is aimed at providing an expunction for persons who have only one non-violent conviction on their record. This law allows for the expunction of certain non-violent misdemeanor and felony convictions with no limitation on age. Any other misdemeanor or felony convictions, except for traffic violations, make you ineligible for expungement unless the charges were disposed within the same day for district court or same week for superior court. 
 
You may not apply for the expunction until fifteen (15) years have elapsed from the later of the time you were convicted or the time all conditions of your conviction were fulfilled (e.g., prison, jail, probation, fines, and restitution).  For example, if your sentence included a suspended sentence with two (2) years of probation, and all conditions of your probation were met on time and the probation was terminated successfully at the end of two (2) years, you could apply for this expunction fifteen (15) years after your probation ended.
 

The following convictions are NOT eligible for expunction under 15A-145.5: 

  • Class A – G felonies 
  • Offenses that include assault as an essential element of the offense. 
  • Sex-related offenses 
  • Drug related offenses that include: 
    • Methamphetamines 
    • Heroin 
    • Possession with intent to sell or deliver or sell and deliver cocaine 
    • Selling of schedule I or II controlled substances 
 
Quick Facts about 15A-145.5: 
 
  • Will Other Convictions Disqualify Me? Yes, any felony or misdemeanor conviction that was not disposed of on the same session of court (one day for district and one week for superior), other than traffic violations will disqualify a person from being eligible under this statute. 
  • Do Previous Expungements Disqualify Me? Yes, if granted under 15A-145, 15A-145.1, 15A-145.2, 15A-145.3, or 15A-145.4. Note that 15A-146 and others are not disqualifications. 
  • Are there filing fees for this expungement? Yes, $175.00 filing fee.
 
 

Expunge Undisciplined or Delinquent Juvenile Record

Expunge Record of Undisciplined or Delinquent Juvenile - N.C. Gen. Stat. 7B-3200

If a person was convicted or pled responsible to or was adjudicated undisciplined or delinquent as a juvenile, this statute provides for the expungement of those records.  The person must wait until their 18th birthday to apply for the expungement, and crimes that would have been class A through E felonies if committed by an adult are not eligible for expungement.  Any subsequent conviction of a misdemeanor or felony would make a person ineligible for expungement under this statute.

 

Quick Facts about 7B-3200:

  • Will Other Convictions Disqualify Me? Yes, any felony or misdemeanor conviction, other than minor traffic violations will disqualify a person from being eligible under this statute.
  • Do Previous Expungements Disqualify Me? This statute makes no mention of previous expunctions.  Speak with an attorney if this may concern you.
  • Are there filing fees for this expungement? No.

 


Expunge Drug Offenses for Persons Less Than 21

Expunge Certain Dismissed Drug Offenses for First Offenders Not Over 21 - N.C. Gen. Stat. 15A-145.2

If a person was charged with misdemeanor simple possession of schedules I through VI, or felony possession of any drug in violation of 90-95(a)(3), this statute provides for the expunction of those charges if the individual complied with the requirements contained in 90-96 and the charges were subsequently dismissed.  The petition must include a number of affidavits.

 

Quick Facts about 15A-145.2:

  • Will Other Convictions Disqualify Me? Yes, any felony or misdemeanor conviction, other than minor traffic violations will disqualify a person from being eligible under this statute.
  • Do Previous Expungements Disqualify Me? It depends.  Speak with an attorney if this may affect you.
  • Are there filing fees for this expungement? Yes, $65.00 filing fee.

 


Expunge Larceny Conviction

Expunge Larceny Conviction - N.C. Gen. Stat. 15A-145

Prior to December 1, 2012, N.C. Gen. Stat. 15A-145 entitled a person to the expungement of a conviction of misdemeanor larceny if the conviction occurred more than 15 years prior to the petition for expungement.  

THIS STATUTE WAS AMENDED AND REPLACED BY N.C. GEN. STAT. 15A-145.5 AND IS NO LONGER AVAILABLE FOR INDIVIDUALS SEEKING EXPUNCTION OF A LARCENY CONVICTION.  IN ORDER TO BE ELIGIBLE YOUR CONVICTION MUST QUALIFY UNDER 15A-145.5.

You can find our article on the new expunction law, N.C. Gen. Stat. 15a-145.5, Expunge Certain Felonies and Misdemeanors without Age Limitation here.