Criminal Record Expunction: FAQs, Self-help Materials and More

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What is an expunction?

An expunction is the destruction of a criminal record by a court order.

A criminal record is the public record of a person’s criminal offense history. In North Carolina, adult criminal records are permanent and public.

If you receive an expunction, you can truthfully state that the criminal proceeding you got expunged never occurred.

Note: “Expunctions” are sometimes called “expungements.” The two words mean the same thing.

What can be expunged?

North Carolina law determines the types of offenses that can be expunged from your criminal record. North Carolina courts can only expunge criminal records involving violations of North Carolina state law. Our courts cannot expunge criminal records from other states or federal criminal records.

In general, the following things may be eligible for expunction:

  • You have dismissed or not guilty charges. How do I get this kind of expunction?
    • There is no waiting period or requirement that you have no felony convictions.
    • A hearing is not required, although the judge may request one.
    • There are no limits to how many times you can expunge dismissed charges.
    • The court must grant your expunction if you weren’t convicted of anything on the same day as any of your dismissals.
  • You have misdemeanor convictions or class H or I felony convictions where the offense happened when you were 16 or 17 years old. How do I get this kind of expunction?
    • This only applies to offenses that happened before December 1, 2019.
    • All traffic offenses are excluded from this type of expunction.
    • Misdemeanor sexual battery may be excluded from this type of expunction, depending on when the offense happened.
    • You must have completed your sentence, including any period of probation.
    • You can’t owe any restitution on the convictions listed on the petition.
    • If you apply to expunge these convictions correctly, the court must grant you the expunction.
  • You have one eligible misdemeanor conviction and at least 3 years have passed since the date of your conviction. How do I get this kind of expunction?
    • All convictions that happen in the same session of court count as one conviction.
    • You can’t owe any restitution to get this type of expunction.
    • You cannot have any pending criminal charges, other than traffic tickets.
    • The court must grant this expunction if you meet the requirements.
  • You have multiple eligible misdemeanor convictions and at least 7 years have passed since the end of your most recent criminal, non-traffic sentence, including any period of probation. How do I get this kind of expunction?
    • All convictions that happen in the same session of court count as one conviction.
    • You can’t owe any restitution to get this type of expunction.
    • You cannot have any pending criminal charges, other than traffic tickets.
    • The court must grant this expunction if you meet the requirements.
  • You have one eligible felony conviction and at least 10 years have passed since the end of your sentence, including any period of probation or post release supervision. How do I get this kind of expunction?
    • All convictions that happen in the same session of court count as one conviction.
    • You can’t owe any restitution to get this type of expunction.
    • You cannot have any pending criminal charges, other than traffic tickets.
    • A judge can decide whether to grant this type of expunction. It is “discretionary.”
    • If your single felony conviction is for Felony Breaking and Entering, you must wait 15 years after you complete your sentence, including any period of probation or post release supervision.
  • You have two or three eligible felony convictions and at least 20 years have passed since the end of your sentence, including any period of probation or post release supervision. How do I get this kind of expunction?
    • All convictions that happen in the same session of court count as one conviction.
    • Your felony convictions must have offense dates within a single 24-month period of time.
    • You can’t owe any restitution to get this type of expunction.
    • You cannot have any pending criminal charges, other than traffic tickets.
    • A judge can decide whether to grant this type of expunction. It is “discretionary.”

What can prevent me from expunging my convictions?

  • If you have a conviction for any of the following, you are likely not eligible to expunge any convictions that occurred when you were 18 years old or older.
    • Class A through G felony
    • Class A1 misdemeanor, unless it occurred when you were 16 or 17 years old
    • An offense that includes assault as an essential element, including “simple assault” or “assault and battery”
    • Any offense that requires you to register as a sex offender
    • Indecent exposure
    • Stalking (NOT cyberstalking)
    • PWISD cocaine
    • Any felony drug offense that involves methamphetamines or heroin
    • A hate crime
    • Felony breaking and entering with intent to terrorize
  • If you have more than three felony convictions, all of which occurred after you turned 18 years old, none of these felonies are eligible to be expunged.
  • If you have two or three felony convictions, all of which occurred after you turned 18 years old, but they occurred more than 24 months apart, none of these felonies are eligible to be expunged. For example, if you have a conviction for Felony PWISD marijuana in 1999 and a conviction for Felony Breaking and Entering in 2004, neither of these felonies can be expunged.

How can I get help with my expunction?

Legal Aid of North Carolina’s Second Chance Project can help qualified people apply for expunctions. Due to the overwhelming demand for help and our limited resources, we open expunction files during the first full week of each month. During the designated week,  you can apply online at the JusticeHub or you can call our Helpline at 1-866-219-5262 to get help preparing the paperwork to file for an expunction anywhere in the state.

How can I file an expunction on my own?

  • Get a copy of your criminal record. The NC court record system moved to an online system over the last two years. A person can go to this website and look up their name to assemble a list of charges and convictions, across all 100 counties. This can be done from any computer, tablet or smart phone with internet access. Every courthouse has public computers you can use to look up your record. You can find your local courthouse here. Alternatively, you can purchase a copy of your criminal record through a company that sells criminal record checks.
  • We do not recommend trying to expunge convictions without the assistance of an attorney.  However, expunging your own dismissed and not guilty charges is low-risk and can be done relatively easily. Fill out the correct court form for your type of expunction. Fill out one form for each county (Wake vs. Durham vs. Yancey) and division (District Court vs. Superior Court) you have charges in. Do not include charges for more than one county and division per form.
  • Fill out any other forms that you might need
    • Fee waiver form: Sometimes the court charges a fee to file for an expunction. This can be up to $175. Fill out this form if you cannot afford to pay a fee.
    • Additional agencies/offenses: Use this form if you can’t fit all your charges or arresting agencies that need to be notified on one page.
  • Take the completed forms to the clerk’s office in the county where your charges are located.
    • You can find the address for every courthouse in the state here.

Common Terms

Affidavit: A written statement made under oath; for expunctions, this term generally means a statement that is signed in front of a notary.  

Clerk of Court: Title of a person who is a court official

Convictions: Charges that result from a guilty plea, a finding of guilt by a judge or jury

Expunction: The removal of information from court records. “Expunctions” are sometimes called “expungements,” which means the exact same thing.

Expunge: To remove information from court records.

Filing fee: The cost that the court charges for accepting documents.

Indigent: A person who qualifies as low-income. If you are considered indigent, your filing fee may be waived.

Petition: The name of the court form given to the clerk of court. A petition is a request.

The Second Chance Project offers criminal record analysis for eligible clients and depending on what you are eligible to have expunged, will either draft expunction petitions for you to file yourself (pro se) or represent you as Attorney of Record in all your expunction filings.

DEAR (Durham Expunction and Restoration) is a partnership between the City of Durham and Legal Aid of NC to provide dedicated staff in the Durham office to represent Durham County residents in expunction and driver’s license restoration cases.

Second Chance Wilmington is a partnership between the New Hanover Community Endowment and Legal Aid of NC to provide dedicated staff in the Wilmington office to represent New Hanover County residents in expunction and driver’s license restoration cases. The Second Chance Wilmington team also provides valuable community education through several community partners throughout the year.