- To get your record expunged, you must file the relevant expungement petition with the court clerk’s office in the county in which you were originally charged/convicted.
- You will file different petitions with the court based on what you are trying to expunge from your record. For example, there are expungements for convictions that occurred prior to turning 18, expungements for non-violent convictions as an adult, expungements for charges that did not result in conviction, etc. You will find more information about the different types of expungements and which one you may be eligible for below.
- The forms/petitions that you file with the court will vary based on the type of expungement you are filing. Links to the various expungement petitions can be found below. Sometimes additional documents are necessary to file with your expungement petition. Information about these documents can be found below as well.
- There is a $175 filing fee for certain expungements. Please see below for information on which expungements require this filing fee. You can file a fee waiver form with the court if you meet certain criteria. Information about these forms and links can be found below.
- Additionally, fees may be incurred obtaining a notary for some of the documents needed for the court.
- Finally, you must pay all restitution ordered by the court before an expungement will be granted.
- Do I qualify if I have multiple things on my record?
- This depends on whether the multiple things are dismissed charges, misdemeanor convictions, felony convictions, etc. Please see the resources below for further information.
- “Raise the Age” was legislation implemented in NC in 2019 making North Carolina the last state in the country to treat 16 and 17 year olds like juveniles and not adults in the criminal legal system. This means that cases with offenses (excluding Class A-G felonies) committed at age 16 and 17 in North Carolina will be handled in juvenile court, require housing in juvenile detention facilities, and will no longer carry an adult criminal record upon conviction. The NC Second Chance Act includes a provision that allows for offenses (excluding Class A-G felonies) committed at age 16 or 17 in NC before “Raise the Age” went into effect to be expunged upon completion of your sentence. This differs from other expungements of convictions as there is no waiting period, and fewer restrictions on the types of convictions eligible for expungement.
- Get a complete copy of your criminal record and determine if you are eligible to file for expungement.
- Complete the relevant form (links below).
- File the petition with the clerk in the county in which the charge or conviction occurred (you should call the clerk’s office to understand the process in your county as the requirements for filing vary by county).
- Your petition will then be sent to the State Bureau of Investigations (SBI) to complete a state and federal background check. Next, it will be sent to the Administrative Office of the Courts (AOC) to determine whether you have previously received an expungement. This information is then sent back to the County Clerk’s office.
- In some counties, the clerk provides the petition to the presiding judge for review and to issue an order on your petition. In other counties, the clerk will provide notice that the petition has returned and inform you that you need to schedule a hearing before a judge to review and issue an order on your petition. (this process varies both by county and type of expungement petition filed).
- When the expungement has been granted, the clerk is required to provide you with a copy of the order.
- Expungement of ONE OR MORE Non-Violent Conviction for Offenses Committed BEFORE Age 18
“I have one or more non-violent felony or misdemeanor convictions that happened before I turned 18 years old”
- Necessary FormtoFile
- Cost: $175
- Do I need anything else?:
- You must provide notice to the District Attorney’s Office when you file your petition.
- You can file this expungement petition upon completion of your sentence.
- Motor vehicle violations under Chapter 20 of NC General Statutes and Offenses that require registration under Article 27A, Chapter 14 of NC General Statutes are excluded from eligibility.
- Class A-G felonies are excluded from eligibility.
- Expungement of Charges that Did NOT Result in Conviction (Dismissed or Disposed “Not Guilty”)
“I was charged with one or more offenses but when I went to Court, the Judge dismissed the charges or found me not guilty at my trial”
- Necessary Form(s) to File:
Dismissed Charges
Charges disposed “not guilty” - Cost: $0 unless your charge was dismissed pursuant to a plea agreement or as a deferred dismissal, in which case there is a $175 filing fee
- Do I need anything else?: No.
- Waiting Period: None.
- Other Limitations: None.
- Expungement of ONE OR MORE Non-Violent Misdemeanor Convictions
“I have one or more non-violent misdemeanor convictions that happened after I turned 18”
- Necessary Form to File
- Cost: $175
- Do I need anything else?:
- You must provide notice to the District Attorney’s Office when you file your petition
- Affidavit of good moral character from you stating: (1) you have been of good moral, character, (2) you have had no convictions during the waiting period for expunction, (3) you have no outstanding restitution or civil judgments, and (4) your expungement petition is a motion in the cause for the case(s) in which you were convicted
- Two character reference affidavits from people unrelated to you or each other by blood or marriage who can speak to your reputation in the community
- 5 year waiting period after completing your sentence if you only have one misdemeanor conviction (one court date) on your record
- 7 year waiting period after completing your sentence for the last conviction if you have multiple misdemeanor convictions (multiple court dates) on your record
- Class A-G felonies and A1 Misdemeanors are excluded from eligibility and having one of these convictions will block you from expunging otherwise eligible convictions
- Your misdemeanor must be nonviolent in nature. For a full list of the offenses defined as “violent” for expungement purposes by the NC General Assembly, please see NCGS 15A-145.5(a)
- You cannot have previously received this type of expunction before
- When you are convicted of multiple misdemeanors in the same session of court, they are considered one misdemeanor for the purposes of expungement
- Expungement of ONE First-time Conviction of a Non-Violent Felony
“I have one non-violent felony conviction that happened after I turned 18”
- Necessary Form to File:
- Cost:$175
- Do I need anything else?:
- You must provide notice to the District Attorney’s Office when you file your petition
- Affidavit of good moral character from you stating: (1) you have been of good moral character, (2) you have had no convictions during the waiting period for expunction, (3) you have no outstanding restitution or civil judgements, and (4) your expungement petition is a motion in the cause for the case(s) in which you were convicted
- Two character reference affidavits from people unrelated to you and unrelated to each other by blood or marriage who can speak to your reputation in the community
- 10 year waiting period after completion of sentence
- Class A-G felonies are excluded from eligibility and having one of these convictions or an A1 misdemeanor will block you from expunging otherwise eligible convictions
- Your felony must be “nonviolent” in nature. For a full list of the offenses defined as “violent” for expungement purposes by the NC General Assembly, please see NCGS 15A-145.5(a)
- You cannot have previously received this type of expunction before
- You can only have one felony conviction on your record. If you have multiple felony convictions (different court dates) on your record, you are ineligible to get any expunged
- When you are convicted of multiple felonies in the same session of court, they are considered one felony for the purposes of expungement
- Expungement of a First-Time Conviction of Certain Drug Offenses BEFORE Age 22
“I have one misdemeanor or felony drug possession conviction that happened after I turned 18 but before I turned 22. I have no other felonies or drug-related convictions on my record.”
- Necessary Form to File:
- Cost: $175
- Do I need anything else?:
- On the petition, under the section “Petition to Expunge”, you should check the third box stating, “I hereby petition for an expunction pursuant to G.S. 15A-145.2(c) and certify as follows:”, and complete the relevant boxes in the statements that follow
- Proof of Completion of Drug Education Program (this requirement can be waived by the Judge if extenuating circumstances are found)
- 12 month waiting period after conviction date
- You cannot previously have received this type of expungement before
- No previous or subsequent felony or misdemeanor convictions
ADDITIONAL FORMS
If you receive SNAP/food stamps, Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), or are represented by a legal services organization with a primary purpose of providing legal services to indigent people, you may automatically qualify for a fee waiver for your expungement. If you are not currently receiving one of these benefits, you should also fill out a Civil Affidavit of Indigency to be considered for a fee waiver
Glossary of TermsConviction – pled guilty or found guilty by the Court
Dismissal – Court dismissed your caseDeferred Dismissal – Court dismissed your case after a probationary period or after you completed certain actions request by the Court (i.e. community service, diversionary program)
Dismissal pursuant to plea agreement – pled guilty to one or more charges in exchange for the dismissal of others
Non-Violent (for the purpose of an expunction) – Felonies not classified as Class A-G and Misdemeanors not classified as A1
Indigent Fee Waiver – If you receive SNAP/food stamps, Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), or are represented by a legal services organization with a primary purpose of providing legal services to indigent people you may automatically qualify for a fee waiver for your expungement. If you are not currently receiving one of these benefits, you should also fill out a Civil Affidavit of Indigency to be considered for a fee waiver
Affidavit – a sworn statement in writing made under oath or on affirmation that is used in court. Affidavits must be signed in front of a Notary Public and notarized to be accepted by the court
Petition- a formal document containing a request to the court to issue an order on a specific matter (for expungements, all the necessary petition forms can be found above or here on the NC Courts website. Expungements must be filed using the approved forms linked above and found on the NC Courts website
Completion of Sentence – when you complete everything the court orders you to do at sentencing. This includes jail/prison time, probation, parole, post-release supervision, community service, drug education program, etc. and are no longer under the supervision of the court
Legal Resources for Expungements in NC- Durham County ONLY: If your charges are in Durham County, contact the Durham Expunction and Restoration Program (D.E.A.R.) at www.deardurham.org or (984) 569-0593 to see if you qualify for free legal services.
- Orange County ONLY: If your charges are in Orange County, contact the Orange County Restoration Program at EFerriola-Bruckenstein@orangecountync.gov or (919) 245-2313.
- Mecklenburg County ONLY: If your charges are in Mecklenburg County, you are a Mecklenburg County resident, have no pending charges, and earn less than 200% of the federal poverty level, contact Charlotte Center of Legal Advocacy at (704) 376-1600 ext. 510 to see if you qualify for free legal services.
- Statewide: Campbell Law School’s Blanchard Community Law Clinic (in Raleigh) provides free legal services to applicants who are financially eligible (less than 200% of the federal poverty line) and consent to assistance from attorney-supervised law school students. You may contact the clinic at (919) 865-4471 to apply for free legal services. Intake hours are Monday – Friday, 8:30 AM to 12:00 PM
