Expungement Guide

North Carolina Expungement

North Carolina Expungement
By law North Carolina allows expungement of certain records. Expunction is the legal elimination of arresting records and conviction records. Expunging a record makes it appear that the crime was never committed and the arrest was never made. First-time offending minors charged with misdemeanors have the opportunity to expunge their records if the crime was committed when under the age of eighteen. Other adult misdemeanors can be expunged if all requirements are met. Certain minor gang offenses are also eligible along with certain drug offenses while under the age of twenty-one. This can also include toxic vapor offenses and conditional discharging of those under eighteen-years-old and those charged with similar adult offenses.

Minor Expungement
Minors who have plead guilty to misdemeanors in a United States court of law in North Carolina, or another state, and have not beforehand been convicted of a felony may petition the court for records expungement. This misdemeanor must have been committed while the individual was under the age of eighteen and other misdemeanor offenses may not follow, except minor traffic infringements. Minors are also eligible for record expungement if they are convicted of a possession of alcohol misdemeanor before reaching the twenty-one years of age. North Carolina law states that two years must pass since the conviction date before an individual may petition for expungement. Probation must all be completed.

North Carolina Expungement Petitioning
A petition for expungement includes a petitioner affidavit for good behavior during the two years of time since the misdemeanor was convicted; two affidavits of non-relatives stating the nature of the individual's character; a statement claiming the petition is for a certain conviction; affidavits from the chief of police, the clerk of the superior court, and the county sheriff of the county where the individual was convicted--these must show that the individual has no other felony or misdemeanor charges on his or her record, other than traffic violations, before or after the conviction at hand occurred--and an affidavit from the individual stating that all ordered restitution or civil judgments have been concluded. All completed petitions will be served to the district attorney of the convicting court. After ten days the file will be processed and a court date set. Subsequent investigations may follow to verify the affidavits after the petition has been presented to the judge.

During the hearing if the individual has not been convicted of subsequent misdemeanor or felony and has found to have had good behavior for the two-year time period, the petition for expungement can be granted through the determining judge. In order for this to take place the judge must also determine that the individual was under the age of eighteen at the time of the offense and conviction. If the judge finds that granting the petition is not in the favor of the court, he or she has the power to deny the expungement. Once the petition is granted the individual will legally be able to state in a court of law that the incident never happened and cannot be sighted for perjury.

See also:
North Carolina Misdemeanor External link (opens in new window)
North Carolina Felony External link (opens in new window)
North Carolina Gun Laws External link (opens in new window)


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I was arrested in 2004 for dui was driving or vechical wasnt runinng was sleep..but charged with dui firstoffence. Then was sentence to prison for felony 9 years later they still got fines against me fir tickets never went to court

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keon
Friday, November 15, 2013

I live in mich and got a owui I just graduated nursing school its been a year since my arrest I have not taking my state boards iam scared they will deny my testing due to this is it expugnable so I may take my state board I work in the medical field now iam a c.n.a please help thank you

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josie
Friday, November 15, 2013

Since Oregon law, states that an individual who has been granted expungement of a conviction can legally answer that he has no criminal record, does this mean that a person can also answer that he or she has not been or arrested or charged with a crime?

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esteve
Thursday, November 14, 2013

If I plead guilty to a misdemeanor marijuana charge, served community service,

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Lizz
Monday, November 11, 2013

If I leave state and go to georgia will it show up on my background. this happened in tennessee the last convictions were 3 and half years ago.

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ann
Monday, October 28, 2013

Yes I had a bad check charge and they put a warrant out for my arrest on bad check that happened back in 2003, I forgot about it and had a reck and hit a vehicle by mistake I was upset they arrested me for bad check and warrant out for my arrest that i didnt even know about and I spent 72 hours in jail for bad check and they charged me with reckless endangerment and leaving scene of accident now they say I cant get these 2 expunged because of the prior conviction of bad check i really need it expunged i cant even get a decent job and by myself and support myself. Please help thank you

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Ann
Monday, October 28, 2013

I have a assult charge that I admitted to in 05. Can I get it esponged

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Gerald
Thursday, October 24, 2013

Iv'e recently learned of a class b misdemeanor on my record. What is the process for having this removed/

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R.B.
Thursday, October 17, 2013



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Sunday, November 3, 2013

ok, so if i was convicted of felony distribution of cocain, and felony property subject to seizure, then i will be eligable for expungement after 5 years right?

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ryan d. hall
Friday, October 11, 2013

Im reading that I can file for an expungement 5 years aftr my sentencing date for a class 4 felony ( possession of controlled sub )

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mitchell
Tuesday, October 1, 2013

In my last post I did not state that I was asking about south dakota

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mitchell
Tuesday, October 1, 2013

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