Expungement, also known as “expunction,” clears a charge or conviction from your public criminal record. It deletes the record from the public system entirely, as if it never existed. This can help you when you apply for jobs, housing, or college. If a court grants your expungement, most people conducting background checks can no longer see that a charge was ever on your record. Certain officials, like prosecutors and law enforcement, can still access it in some cases, but they can only use it for limited purposes allowed by the law.
Who Qualifies for Expungement in North Carolina?
You must meet one or more of these conditions to qualify for an expungement in North Carolina:
- Your charge ended in a dismissal or a “not guilty” verdict.
- You received a pardon of innocence.
- You were under 18 or 22 at the time in the case of certain nonviolent offenses.
- You had a first-time drug or alcohol offense with a conditional discharge.
- You meet the waiting period required by the law.
- You have no active charges or pending cases.
Expungement Categories Under State Law
Here are common expungement types allowed under North Carolina law:
- Dismissals and “not guilty” verdicts
- Minor juvenile offenses that happened when you were under 18 or 21
- Drug and alcohol offenses that result in a conditional discharge
- Charges stemming from identity theft if someone used your name without permission
- Certain juvenile gang-related charges that are first-time offenses
- Cases that result in a pardon of innocence or a successful appeal
Automatic vs. Petition-Based Expungement
Most expungements require you to file a petition, but some happen automatically. If your charge got dismissed or ended in a not guilty verdict, the court may clear it without you filing a request. North Carolina’s automatic expungement system paused for two years while some lawmakers tried to repeal it, but it restarted on July 1, 2024. Right now, more than one million cases are waiting to be cleared. If your charge doesn’t qualify for automatic expungement, you must file a petition and follow the court process.
Limitations and Waiting Periods
You must wait a certain number of years before you can file for certain types of expungement. The waiting time depends on the type of case. For dismissed charges, you can file right away. For nonviolent felonies, you typically need to wait ten to 20 years—depending on the number of felonies requiring expunction and the time of conviction(s).
You must also meet other requirements to qualify. You can’t have active charges, unpaid restitution, or certain past convictions. Some expungement types are only available once. If you’ve already cleared a record, the law often prohibits you from doing it again.
What Happens After Expungement?
If the court grants your expungement, it clears the charge or conviction from public records. That means most employers, schools, and landlords won’t be able to see it on a background check. The court also orders other agencies to update their records. Some government groups, like prosecutors, can still see your record in limited situations, but it won’t show up in most day-to-day checks.
The Second Chance Act
North Carolina recently expanded its expungement laws in alignment with the federal Second Chance Act. That law supports people returning to their communities after they serve time. It funds services like job training, education, and housing to help with reintegration. Similarly, North Carolina’s updated expungement laws aim to give qualifying people a fresh start if they meet certain rules. The purpose of these laws is to reduce the chances of repeat offenses and help people with records to rebuild their lives by removing barriers to employment and housing.
Why You Need an Expungement Attorney
Clearing a record in North Carolina takes more than just filling out forms. You have to meet the right requirements and file in the right court. If you make a mistake, the court could deny your petition.
An expungement lawyer from Greenwood Law can look at your case, explain your options, and help you through the process from start to finish. Contact us today to arrange your initial consultation. We can review your record and help you take your next steps.