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'm 20 and i can't lie i messed up my life coming up here to Iowa. I had a clean record coming from Mississippi oh my god. The public defender and prosecutors work together. I got caught a DV when my partner wasn't injured and they didn't have no evidences. I took the serious misdemeanor deal because the prosecutor was threatening to take my pregnant girlfriend into at 9 months. I didnt want her to have the baby in jail and i didnt want my daughter to go into the system. And I'm reading it look like i can't get this expunged FUCK!!! I messed my life up and I wanted to go into the nursing field

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Sam Mathew
Friday, September 13, 2013

I was arrested for DUI in 2010. I took the Dui to a Trail and hung the jury. The state chose to retry me. THe 2nd trial the prosecution's witness did not show up(cop).... The case was thrown out of court. My record still reflects a DUI. My attorney is telling me even though we beat the case, it will remain on my record as though i were convicted. WHAT!!!!???????? The only option he said is to send a letter the governor and try to have it pardoned..The only prob there is our current governor pardons nobody! There has got to be something i can do !?? I am applying for jobs! I am innocent!!!

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Charlie
Thursday, September 12, 2013

I pled guilty to 4 misdemeanor's at the age of 19. Does that mean that I can not have my record expunged?

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Kristin
Friday, September 6, 2013

Im in the state of Ga and I want to know if someone has already been in jail for 9 months for aggravated
, shouldn't he be able to be bonded out>

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Tamina
Sunday, September 1, 2013

My son was charged with a felon for domestic battery and had a plea with a condition as a first offender at 42 it would be expunged. The parish where the offense was committed did expunged the felony but we received a notice that the law changed and the state of LA will not expunged it? If the plea was done before the new law was passed but the probation was not finished before the law passed can the state refuse to expunge it? It is in the court documents

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Anthony
Saturday, August 17, 2013

Can a Hit Skip class I misdomeaner be expunged in Ohio ?

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Genny
Wednesday, July 31, 2013

In Jan 2010, my wife and I were both charged with Simple Assault in the 4th, or DV. I called the police and when they arrived they arrested both of us as they did not see the fight start. Even though my and my wife's statement both said she started it and was physically violent, my wife and I both pled guilty to stay out of jail and we both received probation with our records to be expunged upon completion. Fast forward to Feb 2013 and we go to buy my wife a handgun. After a background check, she gets the ok from the gun store to pick it up. Does that mean they really were expunged?

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Al
Tuesday, July 30, 2013

I have a possession of marijuanna from 1998 and had a possession of counterfeit checks in 2001 but haven had a speeding ticket since. Can I get those expunged? I want to apply for a gun permit

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Kevin
Wednesday, July 24, 2013

I plan to drive back to Alaska from Washington state, but have a felony from 1998, how can I successively drive through Canada?

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Roberta Greenlee
Sunday, July 21, 2013

VA Residents - here is the site to see who your local delegate is so you can contact them and make sure this bill is passed in General Assembly 2014: http://conview.state.va.us/whosmy.nsf/VGAMain?openform

Please join me to have this law CHANGED!!! We are ready to take back our lives!!

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Rob
Thursday, July 18, 2013

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