Clean Up Your Criminal Record with an Expunction
Criminal charges stay on your record. This is true even if the charge is dismissed or there is a finding of not guilty. Background checks usually find these criminal records, which hurt your chances when applying for a job, college, graduate program, or even housing.
Many charges are eligible for deletion from your record through an expunction. A petition for expunction is a legal process where you ask the court to delete all records, including police reports, related to a criminal charge. North Carolina law allows dismissed charges and findings of not guilty to be expunged, as well as some criminal convictions. When a charge is expunged from your record, you can legally answer “No” as it relates to that offense when asked if you have ever been charged with a misdemeanor or felony.
Below is a list of many of the more commonly used expunctions available in North Carolina, and a summary of eligibility requirements. If you’d like to know more, give us a call or request a free consultation.
Charges Dismissed or Finding of Not Guilty
- Felony charge or misdemeanor charge was dismissed, or there was a finding of not guilty.
- No prior felony convictions.
Misdemeanor Conviction Under 18 Years Old
- Misdemeanor conviction of a violent or nonviolent misdemeanor with an offense date before the age of 18, or misdemeanor possession of alcohol committed before the age of 21, excluding driving while impaired.
- No previous misdemeanor or felony convictions, other than traffic violations.
- At least 2 years have passed since the date of conviction.
- Sentence has been completed.
- No subsequent misdemeanor or felony convictions, other than traffic violations.
Nonviolent Felony Conviction Under 18
- Conviction of a nonviolent felony (multiple felony convictions in the same session of court may be treated as one).
- Offense date before age of 18.
- No previous misdemeanor or felony convictions, other than traffic violations.
- No subsequent misdemeanor or felony convictions, other than traffic violations.
- At least 4 years have passed since the date of conviction.
- Sentence has been completed.
- No outstanding warrants or pending criminal charges.
- No previous expunction.
- 100 hours of community service since date of conviction.
- Has obtained HS diploma or GED.
Nonviolent Misdemeanor or Felony Conviction
- One nonviolent felony or misdemeanor conviction (multiple offenses may be treated as one only if conviction occurred in same session of court and none of the offenses are alleged to have occurred after the petitioner had already been charged with any of the offenses resulting in conviction).
- No previous misdemeanor or felony convictions, other than traffic violations.
- For a felony conviction, at least 10 years have passed since the date of conviction.
- For a misdemeanor conviction, at least 5 years have passed since the date of conviction.
- Sentence has been completed.
- No outstanding warrants or pending criminal charges.
- No previous expunctions under certain subsections.
Drug Conviction Under 22 Years Old
- Conviction for misdemeanor drug possession, misdemeanor drug paraphernalia, or felony possession of controlled substance.
- No other felony conviction, no other misdemeanor conviction under Chapter 90 (drug offenses), or any other conviction related to controlled substances.
- At least 12 months have passed since the date of conviction.
- Offense Date before the age of 21.
- Successful completion of drug program or court has waived requirement.
- No prior expunction under this subsection.
Dismissed Drug Charge Under 22 Years Old
- Charge dismissed under N.C. Gen. Stat. 90-96 Conditional Discharge, or certain misdemeanor and felony drug charges where charge dismissed or finding of not guilty.
- Offense date before the age of 22.
Gang Offense Under 18 Years Old
- Conviction for certain gang offenses or burglary offenses, or an offense for which punishment was enhanced pursuant to N.C. Gen. Stat. 14-50.22.
- No previous misdemeanor or felony convictions, other than traffic violations.
- Offense date before the age of 18.
- At least 2 years have passed since the date of conviction.
- Sentence has been completed.
- No subsequent misdemeanor or felony convictions, other than traffic violations.
- No outstanding restitution or civil judgments for restitution.
