Seeking Expungement In NC? Here’s What To Know

A criminal record, even just an arrest, can haunt you for years. In addition to having a stigma, a criminal record can make it more difficult to get a job, be accepted to college or technical school, and enter certain trades or professions. If your criminal record is creating obstacles to your success, you might wonder if you can have your record expunged. North Carolina allows you to have certain offenses removed through expungement or expunction, but not all offenses qualify. And for those that do, the process can be tedious.

What Is Expungement?

Expungement is the legal process of having your criminal record sealed from public view. Once your criminal record has been expunged, you can truthfully answer, in all but a few limited circumstances, that you do not have a criminal record.

Who Is Eligible for Expungement?

Across the country, states are passing laws that automatically remove convictions for certain types of crimes. Connecticut, Michigan, Pennsylvania, Utah, and Virginia have implemented versions of a “clean slate” law.

In 2020, North Carolina passed the Second Chance Act, which automatically expunges certain dismissals and not guilty verdicts and expands the eligibility to petition to have certain misdemeanor and low-level felony convictions expunged.

Depending on the nature of the offense, different expungement statutes apply. The three most common expungements are for youthful offenses, dismissals and not guilty verdicts, and nonviolent offenses.

Youthful Offenses

If you were 16 or 17 years old and committed a non-traffic misdemeanor or a Class H or Class I felony before December 1, 2019, and have completed any active sentence, probation, and post-release supervision, you can seek expungement by completing a petition for expunction under G.S. 15A-145.8A.

Charges Not Resulting in Conviction

Any felony or misdemeanor that did not result in a conviction can be expunged by filing a petition for expunction under G.S. 15A-146(a) or G.S. 15A-146(a1). For expungement of multiple charges that were dismissed or disposed of as not guilty, you must file a petition under G.S. 15A-146(a2).

Nonviolent Misdemeanors and One Incident of Nonviolence

You can petition for the expungement of all nonviolent misdemeanor convictions and up to one nonviolent felony conviction by filing a petition for expungement under G.S. 15A-145.5 and following these instructions.

• You can file for expungement of one nonviolent misdemeanor if at least 5 years have passed since you completed any active sentence, probation, or post-release supervision and you have no other felony or misdemeanor convictions, other than traffic violations, and no outstanding restitution or civil judgments.
• If you have more than one nonviolent misdemeanor conviction, you can file for expungement if at least 7 years have passed since you completed any active sentence, probation, or post-release supervision. To be eligible, you cannot have any convictions, other than traffic violations, during the 7-year waiting period and must not have any outstanding restitution or civil judgments, and must not have any other convictions that are considered “violent” under expunction statutes.
• You are eligible to seek expungement of one nonviolent felony conviction if at least 10 years have passed since you completed any active sentence, probation, or post-release supervision. You are not eligible if you have any other conviction that is considered “violent” or have any other convictions, other than traffic violations, during the 10-year waiting period. You also cannot have any outstanding restitution or civil judgments.

How to Get a Record Expunged

To petition for an expungement, you should

1. Obtain an accurate and complete copy of your criminal record.
2. Verify that you are eligible for expungement.
3. Obtain and complete the form to petition for expungement and provide any required supporting documentation.
4. Follow local requirements to submit a petition for expungement and have the petition for expungement reviewed.
5. Verify the execution of the expunction order.

Once your record has been expunged, it will not be available to the public. However, your criminal record will still be available to law enforcement and court personnel and will be considered by courts for sentencing and other purposes if you re-offend.

Do You Need a Lawyer to Seek Expungement?

If your criminal record is not automatically expunged, criminal record expungement can be a complicated and time-consuming process. Increase your likelihood of success by working with an experienced expunction lawyer who understands North Carolina expungement law.

Contact The Stowe Law Firm, PLLC, for Help with Criminal Record Expungement

North Carolina expunction lawyer Ryan Stowe knows and understands North Carolina expungement law. He will verify that you are eligible for expungement, save you time and frustration, and help you avoid unnecessary visits to the courthouse.

The Stowe Law Firm, PLLC, is based in Salisbury, NC, and proudly represents people in Cabarrus, Davidson, Rowan, Davie, and Stanly counties.

To learn more about Ryan Stowe and the legal services he provides, contact the Stowe Law Firm today to schedule a confidential consultation to discuss your situation.