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)