EXPUNGEMENTS IN NORTH CAROLINA

There is no single law covering all expunctions in North Carolina; instead, several statutes covering various types of criminal records. Contrary to common belief, opportunities to expunge a criminal record in North Carolina are actually quite limited in regards to criminal convictions. Expunction opportunities in North Carolina are generally limited to the following three categories:

• A first-time conviction of a “nonviolent offense”
• A first-time conviction of certain offenses committed before age 18 or 22
• A charge that was dismissed or disposed “not guilty”

“Nonviolent Offense” is a term of art that is defined in N.C.G.S. § 15A-145.5(a) (PDF BELOW). It includes any felony or misdemeanor except those listed in the statute. Examples of offenses excluded from the definition are class A-G felonies, A1 misdemeanors, offenses involving assault as an essential element, or those requiring sex offender registration. See the statute for the full list offenses.

The key factors to determine eligibility for expungement of a criminal record are:

• What was the disposition of the offense (guilty, not guilty, dismissed, etc.)
• How old was the person at the time of the offense (under 18 or 22)
• How do you classify the offense (violent vs. nonviolent, controlled substance, etc.)
• Does the person have any previous or subsequent convictions that would disqualify them
• Is the relevant waiting period satisfied?

There have been significant reforms to the expunction process and expunction eligibility as a result of changes signed into law by Governor Cooper on July 28, 2017. The following are some of the key differences for expunction petitions filed after December 1, 2017:

• The wait periods for expunction of a nonviolent misdemeanors and felonies have been reduced from 15 years to 5 and 10 years, respectively
• A person can now expunge multiple dismissed charges and charges disposed “not guilty”. As long as the person has not been convicted of a felony, they are eligible to expunge all such charges.

 
Source of content: NC Second Chance Alliance