Expungements

You may be eligible for Expungement for the following:

• Expungement of Juvenile Records

• Expungement of Juvenile Records for Dismissed Cases

• Expungement of Drug Offenses for Persons 21 and under

• Expungement for Cases of Identity Theft

• Expungement for Certain Very Old Misdemeanor Larceny Convictions

• Expungement for Misdemeanor Possession of Alcohol (Under 21)

• Expungement of Misdemeanors Committed before 18th Birthday

• Expungement when charges are dismissed or there are findings of not guilty.

• Expungement when a Pardon of Innocence is Granted by the Governor

• Expungement for first offenders (21 and younger) of certain toxic vapors/drug paraphernalia charges.

• Expungement of certain Gang Offenses (17 and younger)

• Expungement of non-violent felonies committed under the age of 18

• Expungement of Older Nonviolent Misdemeanor and Felony Convictions (15 years)

All Cases are Unique

Every legal situation is distinct, and the information provided here is meant to offer general insights into North Carolina’s Expungement Law, not specific legal advice for your case. To determine your eligibility for expungement, it's best to contact an experienced expungement lawyer for a free consultation.

Timeline for Expungement Process
While every case is different, the typical expungement process in North Carolina takes about six to nine months. However, delays have been more common recently due to staffing shortages at the North Carolina SBI. Additionally, the size of the county can impact the processing time—larger counties like Wake or Mecklenburg tend to move faster than smaller ones.

What Happens After Expungement is Approved?
When your expungement is granted in North Carolina, it effectively seals your case from public access. This means records from law enforcement agencies, courts, and the sheriff’s department, including arrest photos, fingerprints, and even mugshots on public websites will be hidden. In some instances, DNA samples may be destroyed, and DMV records could be wiped clean. After expungement, neither employers, landlords, schools, nor insurers will be able to view your past criminal record.

While certain government agencies might still access your sealed records, a general background check will typically show no criminal history, meaning employers and schools won’t see any record of past charges or arrests.

For more information, contact the Concord, North Carolina office at (336) 705-1416 to schedule a free consultation with expungement attorney Chris Criner.

NC Expungement Law

North Carolina offers expungement for various charges, allowing individuals to erase certain convictions or dismissed cases from their criminal records. Once an expungement is granted, the law allows individuals to legally deny any prior arrests, charges, or trials related to the expunged offense. Under North Carolina law, individuals cannot be penalized for failing to disclose expunged entries in future inquiries.

Types of Expungements Available in North Carolina:

1. Juvenile Criminal Records Expungement

• Eligibility: Individuals adjudicated as delinquent or undisciplined as juveniles can apply for expungement when they turn 18, provided they haven't committed serious crimes or additional offenses.

• Timeframe: Eligible after turning 18 or 18 months after being released from juvenile court jurisdiction.

• Fees: None.

2. Expungement for Dismissed Juvenile Cases

• Eligibility: Juveniles whose cases were dismissed (not adjudicated) may apply for expungement at 16 or older.

• Fees: None.

3. Drug Offense Expungement for First-Time Offenders Under 21

• Eligibility: Expungement is available for certain drug-related offenses, provided the individual was under 21 and the charges were dismissed or resulted in a not guilty verdict. If convicted, individuals must wait 12 months before applying.

• Fees: $175 filing fee.

4. Expungement for Identity Theft Cases

• Eligibility: If charges were made due to identity theft (someone using your personal information), you may apply for expungement after the case is dismissed or a not guilty verdict is reached.

• Fees: None.

5. Alcohol Possession Under 21

• Eligibility: Individuals convicted of underage alcohol possession can apply for expungement after two years of probation or from their conviction date, provided they have no further offenses during that period.

• Fees: $175 filing fee.

6. Misdemeanors Committed Before 18

• Eligibility: Those convicted of a misdemeanor committed before turning 18 can apply for expungement after two years, as long as they haven’t committed any other offenses.

• Fees: $175 filing fee.

7. Expungement for Dismissed Cases or Not Guilty Findings

• Eligibility: Expungement is available for any case dismissed or resulting in a not guilty verdict, as long as no felony convictions are on the record. This can be used multiple times.

• Fees: None unless related to a deferred prosecution agreement.

8. Expungement After a Pardon of Innocence

• Eligibility: Those who have been pardoned for their offenses by the Governor can apply for expungement of the related records.

• Fees: None.

9. Toxic Vapors/Drug Paraphernalia for First Offenders Under 21

• Eligibility: First-time offenders for toxic vapors or drug paraphernalia offenses can apply for expungement after completion of a first-offender program or 12 months from a guilty plea.

• Fees: None.

10. Gang Offenses (17 and Younger)

• Eligibility: Individuals under 18 who were involved in gang-related offenses may apply for expungement, provided they have no other offenses and have completed probation or waited two years.

• Fees: None.

11. Non-Violent Felonies Committed Under 18

• Eligibility: Individuals convicted of a non-violent felony before turning 18 can apply for expungement after four years, assuming they’ve completed 100 hours of community service and have no other convictions.

• Fees: $175 court costs.

• Link to statute 

12. Expungement of Older Non-Violent Misdemeanors and Felonies

• Eligibility: Expungement of certain older non-violent misdemeanors and felonies may be available after 5 to 20 years, depending on the type of offense. The court has discretion in these cases.

• Fees: $175 court costs.

• Link to statute

For more detailed information or to determine if you qualify for expungement, it’s best to consult with a qualified attorney. You can reach out to NC Expungement Attorney Chris Criner for a free consultation.