Expungments

North Carolina allows certain dismissed charges and/or convictions to be expunged from your record if you petition the Court. An Expunction is a judicial process where the Court will destroy all records of your offense. You do not have to disclose or acknowledge any offense that has been expunged in North Carolina. Employers and Educational institutions are not allowed to ask you if you have had offenses expunged. You do not have to disclose expunged charges to any State or Local Government Agency, Official, and Employee who inquires about expunged charges.

You are typically only entitled to one expunction in your lifetime. In certain circumstances multiple convictions or charges can be expunged. There are limited exceptions and you should consult our office to see if you qualify under any of those exceptions.

Offenses That May Be Expunged

(Additional requirements must be met for each category)

  • A Non-­traffic Misdemeanor committed before the age of 18 with no other conviction other than traffic offense.
  • An Alcohol-related Misdemeanor committed before the age of 21 with no other conviction other than traffic offense.
  • Felony Possession of a Controlled Substance if the individual was under 21 at the time with no other conviction other than traffic offense.
  • Misdemeanor Possession of a Schedule I through IV substance if the individual was under 21 at the time of offense with no other conviction other than traffic offense.
  • A Toxic Vapors Misdemeanor if the individual was under 21 at the time of offense with no other conviction other than traffic offense.
  • Possession of drug paraphernalia if the individual was under 21 at the time of offense with no other conviction other than traffic offense.
  • Class H Felony Gang Offenses committed before the age of 18 with no other conviction other than traffic offense.
  • A Non-­violent Felony committed by individuals before the age of 18 with no other conviction other than traffic offense.
  • Misdemeanor Larceny when the date of conviction was over 15 year ago and there are no felony convictions or other misdemeanor convictions within the past 15 years other than traffic offenses.
  • Juvenile Delinquency Adjudications other than Class A through Class E felonies when the individual has reached 18 years of age and has no convictions as an adult.
  • Juvenile Undisciplined Adjudications when the individual has reached the age of 18.
  • A Non-­violent Felony or Misdemeanor when the conviction was over 15 years ago when the individual has no other convictions for a felony or misdemeanor. This provision excludes Class A through G felonies and Class A1 Misdemeanors, any offense that includes assault as an essential element, any sex related or stalking offense, any offense that included methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine, or any offense where a commercial vehicle was utilized.
  • Any felony or misdemeanor charges as long as you have not been convicted of a Felony.
  • Any offense for which you have received a Pardon of Innocence.
  • You may also have DNA records destroyed under certain circumstances.

You may find more specific information pertaining to Expunctions at the UNC School of Government’s website.

If you have any questions or feel that you may have a legal issue concerning expungements you should contact our office to make an appointment to discuss the matter. Every situation must be examined individually to correctly assess an individual’s rights or liabilities under the specific facts surrounding their transaction.