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THE NORTH CAROLINA DO-IT-YOURSELF
EXPUNGEMENT KIT
GET A NORTH CAROLINA EXPUNGEMENT

If you are seeking a North Carolina expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the North Carolina Expungement Kit is ready.

Requirement(s) to qualify for an expungement in the state:

  1. A first offender who is convicted of a misdemeanor (other than a traffic violation) prior to his 18th birthday.
  2. A person charged with a felony, misdemeanor or an infraction under G.S. 18B-302(i) (purchase or possession of a malt beverage or unfortified wine by a 19 or 20-year old) can have the arrest and court records expunged, under certain circumstances, if the charge is dismissed or the person is found not guilty. Age of the defendant is not an issue (except for the infraction under G.S. 18B), either at the time of arrest or disposition of the case.
  3. A person named in a charge for an infraction or a crime, either a misdemeanor or a felony, as a result of another person using the identifying information of the named person to commit an infraction or crime and the charge against the named person is dismissed, a finding of not guilty is entered, or the conviction is set aside. A motion to expunge all official records any entries relating to the person's apprehension, charge, or trial must be made to the court and if the court finds that the person's identity was used without permission, the person was found not guilty or the charges were dismiss, an order to expunge must be granted.
  4. A person receiving a final order by an appellate court reversing and dismissing a conviction of an offense for which a DNA analysis was done or upon receipt of a pardon of innocence with respect to any such offense, the court shall issue an order of expungement of the DNA record and samples.
  5. A juvenile who is fingerprinted and photographed in connection with a court proceeding. The custodian of records shall destroy all fingerprints and photographs at the earlier of the following:
    1. The juvenile court counselor or prosecutor does not file a petition against the juvenile within one year of fingerprinting and photographing the juvenile
    2. The court does not find probable cause pursuant to G.S. 7B-2202; or
    3. The juvenile is not adjudicated delinquent of any offense that would be a felony or a misdemeanor if committed by an adult.
  6. Any person who has attained the age of 18 years may file a petition in the court where the person was adjudicated delinquent or undisciplined for expunction of all records of that adjudication provided:
    1. The offense for which the person was adjudicated would have been a crime other than a Class A, B1, B2, C, D, or E felony if committed by an adult.
    2. At least 18 months have elapsed since the person was released from juvenile court jurisdiction, and the person has not subsequently been adjudicated delinquent or convicted as an adult of any felony or misdemeanor other than a traffic violation. The petition must contain,
      1. An affidavit by the petitioner that the petitioner has been of good behavior since the adjudication and had no further or has no pending delinquencies or convictions, other than traffic violations.
      2. Verified affidavits of two persons not related to the petitioner attesting to his good character and reputation in the community.
      3. A statement that the petition is a motion in the case wherein the petitioner was adjudicated undisciplined or delinquent.
  7. Any person who was alleged to be delinquent as a juvenile and has attained the age of 16 years, or was alleged to be undisciplined as a juvenile and has attained the age of 18 years, may file a petition in the court in which the person was alleged to be delinquent or undisciplined, for expunction of all juvenile records of the juvenile having been alleged to be delinquent or undisciplined if the court dismissed the juvenile petition without an adjudication that the juvenile was delinquent or undisciplined. .
  8. Upon the dismissal of a first-time offender, and discharge of the proceedings against him or her, if not over 21 years of age at the time of a minor drug possession offense, may apply to the court for an order to expunge from all official records (other than the confidential file to be retained by the Administrative Office of the Courts all recordation relating to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge. Persons under 21 at time of a minor drug offense whose charges dismissed before trial, nolled are also eligible. Innocent persons charged with a misdemeanor drug offense are eligible for automatic expungement if under 21 at time of offense. First-offenders found or pleading guilty to minor drug possession charge may apply after 1 year.

Additional restrictions on who can qualify for an expungement

G.S. 15A-145 authorizes the expunction (the erasure or striking out) of the criminal history record of a first offender who is convicted of a misdemeanor (other than a traffic violation) prior to his 18th birthday. For example, if a person seventeen years of age is convicted of (or pleads guilty to) G.S. 14-269, carrying concealed weapons, and this is his first offense, he may apply to have the conviction expunged from his record.

In order to do this, he must wait for two years from the date of his conviction, or any period of probation, and petition the court.

 

Does the law provide for sealing? What are the requirements?

  1. Records that a person was adjudicated delinquent for one of the most serious offenses.
  2. Any offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult.

 

What does it mean if you have a record expunged or sealed?

Expungement is the Process by which a record of criminal conviction and/or arrest is removed by order of the court. In North Carolina , it is applicable under limited circumstances as defined by the statutes.

First, G.S. 15A-145 authorizes the expunction (the erasure or striking out) of the criminal history record of a first offender who is convicted of a misdemeanor (other than a traffic violation) prior to his 18th birthday. For example, if a person seventeen years of age is convicted of (or pleads guilty to) G.S. 14-269, carrying concealed weapons, and this is his first offense, he may apply to have the conviction expunged from his record.

The petitioner may thereafter answer inquires about his criminal conviction record by saying that, other than any traffic violations he may have, he has not been convicted of a crime.

In order to do this, he must wait for two years from the date of his conviction, or any period of probation, and petition the court.

When a person files a petition for expunction of records, even if the expunction is granted, only the law-enforcement and legal records will be destroyed. Social records can not be expunged. (Social records are destroyed according to a schedule set by the agency that keeps the records.)A person might seek to have juvenile records expunged if, when the person was a juvenile, a petition was filed alleging the person to be delinquent or undisciplined and

  1. the court dismissed the petition without finding that the juvenile was delinquent or undisciplined, or
  2. the court found the person to be an undisciplined juvenile, or
  3. the court found the person to be a delinquent juvenile for committing an offense that was not a Class A, B1, B2, C, D, or E felony

 

Are you eligible for a North Carolina Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .

Be sure to check the site often as we are in the process of adding the Expungement Kit for the State of North Carolina soon.


   
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