North Carolina Expungement & Record Sealing Guide

Who Qualifies for Expungement in North Carolina?

North Carolina uses the term "expunction" and destroys the physical record upon granting. Multiple statutes cover different situations.

Non-Convictions (Dismissed/Acquitted Cases)

• Charges dismissed (including conditional discharge completions): eligible immediately — no waiting period
• Acquittals: eligible immediately
• No limit on the number of dismissals that can be expunged

Nonviolent Misdemeanor Convictions (G.S. 15A-145)

• One nonviolent misdemeanor conviction (no prior convictions): eligible after waiting period
• For convictions before December 1, 2021: must wait until age 18 and 2 years since conviction/probation completion (if convicted under age 18)
• For adult convictions: 5-year waiting period (reduced from former 15 years by recent reform)
• Must have no other convictions and no outstanding restitution

Nonviolent Felony Convictions (G.S. 15A-145.5)

• One nonviolent felony (or up to 3 Class H/I felonies that were consolidated for judgment): eligible after 10 years since conviction or release
• No other felony or misdemeanor convictions during the 10-year waiting period
• The offense cannot be on the list of ineligible offenses

Not Eligible

• Class A–G felonies
• Sex offenses requiring registration
• Offenses involving violence, assault with a deadly weapon
• Multiple felony convictions (with narrow exceptions for consolidated judgments)
• DWI (DUI) convictions

Step-by-Step: How to Clear Your Record in North Carolina

1. Obtain your criminal record — Request from the North Carolina State Bureau of Investigation (SBI) — fee: ~$14.
2. Complete the petition form — Available from the NC Administrative Office of the Courts (nccourts.gov). Different forms apply to different situations (dismissed charges vs. convictions, misdemeanors vs. felonies).
3. File in the superior or district court — File in the county where the charge or conviction occurred. Filing fee: $175.
4. Serve notice — The District Attorney, arresting agency, and SBI must be notified.
5. DA review — The District Attorney has time to review and object. If no objection and the petition appears valid, the court may grant without a hearing.
6. Hearing (if contested) — A judge hears arguments and decides whether to grant the expunction.
7. Order issued — If granted, the court orders physical destruction of records. The SBI updates its database. The person may legally deny the conviction occurred.

Waiting Periods

• Dismissed charges / acquittals: No waiting period — file immediately
• Nonviolent misdemeanor (adult conviction): 5 years from conviction or probation completion
• Nonviolent felony (Class H or I): 10 years from conviction or release

Costs

• SBI criminal record check: ~$14
• Court filing fee: $175 (waivable for dismissal/acquittal cases)
• Attorney fees: $500–$2,500 depending on case type

NC Court Help (nccourts.gov) has detailed instructions and downloadable petition forms for self-represented filers.

What Record Clearing Does (and Doesn't) Do in North Carolina

After a successful expungement or sealing in North Carolina, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in North Carolina for advice specific to your situation.