Expunging a Criminal Record in North Carolina (2026)
Reviewed by DocDraft Legal Team · North Carolina · Last updated August 19, 2026
North Carolina calls record clearing 'expunction' and governs it under N.C.G.S. Chapter 15A, Article 5 (15A-145 and following). The 2020 Second Chance Act (Senate Bill 562) directed automatic expunction of most charges that were dismissed or ended in a not-guilty finding on or after December 1, 2021, so no petition is needed for many non-convictions. Conviction expunctions still require a petition: one nonviolent misdemeanor after 3 years, multiple after 7 years, and one nonviolent felony after 10 years under G.S. 15A-145.5. A 'nonviolent' offense excludes any Class A through G felony, any Class A1 misdemeanor, and any offense with assault as an element, and impaired driving (DWI) cannot be expunged. Petitions are filed in the county superior or district court where the charge was handled, and the State Bureau of Investigation maintains the expunction records.
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What is expungement of a criminal record called in North Carolina?
North Carolina calls it 'expunction,' governed by N.C.G.S. Chapter 15A, Article 5 (15A-145 and following). An expunction removes the offense from public criminal records and lets you lawfully deny it in most situations. It covers both non-convictions, such as dismissals, and certain older convictions that meet the statute's eligibility rules.
What can be expunged in North Carolina and how long is the wait?
Under G.S. 15A-145.5, North Carolina allows expunction of one nonviolent misdemeanor after 3 years, multiple nonviolent misdemeanors after 7 years, and one nonviolent felony after 10 years, measured from conviction or completion of the sentence. The clock runs from the later date, and the person must have no disqualifying later convictions.
Can you expunge a felony conviction in North Carolina?
Sometimes. Under G.S. 15A-145.5, one nonviolent felony can be expunged 10 years after the conviction or completion of the sentence. 'Nonviolent' excludes any Class A through G felony and any offense with assault as an element, so serious and violent felonies and sex offenses stay on the record permanently in North Carolina.
Does North Carolina have automatic 'clean slate' expunction?
Yes, for non-convictions. Under the 2020 Second Chance Act (Senate Bill 562), North Carolina automatically expunges most charges dismissed or ending in a not-guilty finding on or after December 1, 2021, without a petition. Automatic clearing does not extend to convictions, which still require a petition under G.S. 15A-145.5.
Are dismissed charges automatically cleared from a North Carolina record?
Yes, for most cases resolved on or after December 1, 2021. Senate Bill 562 directs North Carolina courts to automatically expunge charges that were dismissed or resulted in a not-guilty or not-responsible finding, with no filing or fee. Older dismissals from before that date can still be expunged by filing a petition under G.S. 15A-146.
North Carolina Expunction, the Second Chance Act, and Automatic Clearing of Dismissals
North Carolina uses the term 'expunction' and sets the rules in N.C.G.S. Chapter 15A, Article 5 (15A-145 and following), administered through the county district and superior courts with the State Bureau of Investigation maintaining the expunged records. The landmark change came from the 2020 Second Chance Act (Senate Bill 562), which for the first time directed automatic expunction of most charges that were dismissed or ended in a not-guilty or not-responsible finding on or after December 1, 2021, so many non-convictions now clear with no petition and no fee under G.S. 15A-146. Convictions still require a petition. Under G.S. 15A-145.5, one nonviolent misdemeanor can be expunged 3 years after conviction or completion of the sentence, multiple nonviolent misdemeanors after 7 years, and one nonviolent felony after 10 years, whichever date is later. 'Nonviolent' is defined by exclusion: it does not include any Class A through G felony, any Class A1 misdemeanor, or any offense that has assault as an essential element, which keeps serious violent felonies and sex offenses permanently ineligible. Impaired driving (DWI) cannot be expunged as a conviction, and traffic offenses are treated specially. Conviction petitions are filed in the court of the county where the charge was disposed, the district attorney is notified, and a judge rules on eligibility before the clerk and the State Bureau of Investigation update the record.
Relevant Laws
North Carolina Expunction of Records (N.C.G.S. Chapter 15A, Article 5)
Article 5 of Chapter 15A is North Carolina's expunction statute, using the term 'expunction' for both non-convictions and eligible convictions. It sets out the separate procedures, eligibility categories, and effects of clearing a criminal record in North Carolina, including the right to deny the expunged matter.
Automatic Expunction of Dismissals and Not-Guilty Findings (Second Chance Act, G.S. 15A-146)
The 2020 Second Chance Act (Senate Bill 562, S.L. 2020-35) amended G.S. 15A-146 to direct automatic expunction of most charges dismissed or ending in a not-guilty or not-responsible finding on or after December 1, 2021, with no petition or fee. Older non-convictions can still be petitioned.
Nonviolent Conviction Expunction and Waiting Periods (G.S. 15A-145.5)
Sets the conviction eligibility and waiting periods: one nonviolent misdemeanor after 3 years, multiple after 7 years, and one nonviolent felony after 10 years. 'Nonviolent' excludes any Class A through G felony, any Class A1 misdemeanor, and any offense with assault as an element.
No General Federal Expungement of North Carolina Records
There is no general federal law to expunge a North Carolina state conviction; record clearing is governed by North Carolina's Article 5. Federal courts handle only federal records in narrow situations, so a North Carolina offense must be cleared under state expunction procedures.
Regional Variances
North Carolina Expunction Eligibility Table
Relief type and name
North Carolina calls the relief 'expunction' under N.C.G.S. Chapter 15A, Article 5 (15A-145 and following). An expunction removes the offense from public criminal records and, in most situations, lets the person lawfully deny it. It covers both non-convictions and certain older convictions, but is not always a complete erasure for all state agencies.
Automatic 'clean slate' for non-convictions (Second Chance Act, G.S. 15A-146)
Under the 2020 Second Chance Act (Senate Bill 562, S.L. 2020-35), North Carolina automatically expunges most charges dismissed or ending in a not-guilty or not-responsible finding on or after December 1, 2021, with no petition and no fee. Non-convictions from before that date can still be expunged by petition under G.S. 15A-146.
Nonviolent misdemeanor waiting period (G.S. 15A-145.5)
One nonviolent misdemeanor may be expunged 3 years after the conviction or completion of the sentence, whichever is later. Multiple nonviolent misdemeanors may be expunged 7 years after the last conviction or completion of the sentence. The petitioner must have no disqualifying later convictions during the waiting period.
Nonviolent felony waiting period (G.S. 15A-145.5)
One nonviolent felony may be expunged 10 years after the conviction or completion of any active sentence, probation, or post-release supervision, whichever is later. North Carolina limits felony expunction under this section to a single nonviolent felony, so multiple felony convictions generally cannot all be cleared.
Excluded offenses, including DWI (G.S. 15A-145.5)
'Nonviolent' excludes any Class A through G felony, any Class A1 misdemeanor, and any offense with assault as an essential element, so serious violent felonies and sex offenses are permanently ineligible. Impaired driving (DWI) cannot be expunged as a conviction, and a prior DWI conviction can bar relief on other charges.
Suggested Compliance Checklist
Confirm your North Carolina offense class and waiting period
Before you prepare any petition days after startingDetermine whether your record is a non-conviction or a conviction, and verify eligibility under G.S. 15A-145.5: 3 years for one nonviolent misdemeanor, 7 years for multiple, and 10 years for one nonviolent felony. Rule out excluded offenses, including any Class A through G felony, Class A1 misdemeanor, assault-element offense, or DWI conviction.
Check whether an automatic expunction already cleared the charge
Before filing a non-conviction petition days after startingFor charges dismissed or ending in a not-guilty finding on or after December 1, 2021, the Second Chance Act directs automatic expunction under G.S. 15A-146 with no filing. Order your criminal history from the State Bureau of Investigation to confirm whether the entry is already removed before spending time on a petition.
Obtain the correct AOC expunction petition form
Once eligibility is confirmed days after startingUse the Administrative Office of the Courts petition that matches your offense: the G.S. 15A-145.5 petition for nonviolent convictions, or the G.S. 15A-146 petition for older dismissals and not-guilty findings. Complete it accurately with the case number and disposition, since the wrong form is a common reason a North Carolina expunction is denied.
File in the correct county court and address the fee
When the petition is complete days after startingFile with the clerk of superior court in the county where the charge was disposed. Pay the $175 filing fee for a conviction expunction under G.S. 15A-145.5, or file at no cost for a dismissal or not-guilty finding. Ask the clerk about a fee waiver if you cannot afford the conviction fee, then respond to any district attorney inquiry.
Confirm the record was updated after the order is signed
A few weeks after the order of expunction days after startingAfter a judge signs the order, keep a certified copy and confirm the clerk transmitted it to the State Bureau of Investigation so the offense is removed from state repositories. Run a fresh background check to verify the record is clear. An attorney can help if the entry still appears or the petition is contested.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm your North Carolina offense class and waiting period | Determine whether your record is a non-conviction or a conviction, and verify eligibility under G.S. 15A-145.5: 3 years for one nonviolent misdemeanor, 7 years for multiple, and 10 years for one nonviolent felony. Rule out excluded offenses, including any Class A through G felony, Class A1 misdemeanor, assault-element offense, or DWI conviction. | - | Before you prepare any petition |
| Check whether an automatic expunction already cleared the charge | For charges dismissed or ending in a not-guilty finding on or after December 1, 2021, the Second Chance Act directs automatic expunction under G.S. 15A-146 with no filing. Order your criminal history from the State Bureau of Investigation to confirm whether the entry is already removed before spending time on a petition. | - | Before filing a non-conviction petition |
| Obtain the correct AOC expunction petition form | Use the Administrative Office of the Courts petition that matches your offense: the G.S. 15A-145.5 petition for nonviolent convictions, or the G.S. 15A-146 petition for older dismissals and not-guilty findings. Complete it accurately with the case number and disposition, since the wrong form is a common reason a North Carolina expunction is denied. | - | Once eligibility is confirmed |
| File in the correct county court and address the fee | File with the clerk of superior court in the county where the charge was disposed. Pay the $175 filing fee for a conviction expunction under G.S. 15A-145.5, or file at no cost for a dismissal or not-guilty finding. Ask the clerk about a fee waiver if you cannot afford the conviction fee, then respond to any district attorney inquiry. | - | When the petition is complete |
| Confirm the record was updated after the order is signed | After a judge signs the order, keep a certified copy and confirm the clerk transmitted it to the State Bureau of Investigation so the offense is removed from state repositories. Run a fresh background check to verify the record is clear. An attorney can help if the entry still appears or the petition is contested. | - | A few weeks after the order of expunction |
Frequently Asked Questions
North Carolina charges a $175 filing fee to petition for expunction of a conviction under G.S. 15A-145.5. There is no fee to expunge a dismissal or a not-guilty finding, and charges resolved on or after December 1, 2021 are expunged automatically at no cost. If you cannot afford the conviction fee, ask the clerk of superior court about a waiver.
A petitioned conviction expunction in North Carolina commonly takes several months, because the court routes the petition to the district attorney, the State Bureau of Investigation, and the Administrative Office of the Courts for review before a judge signs the order and agencies update their records. Automatic expunction of dismissals happens without a filing but can take time to appear cleared.
In some cases, yes. A North Carolina expunction removes the offense from public records and lets you deny it in most situations, but the statute allows certain state agencies, law enforcement, and some licensing and government employers to access expunged records for specific purposes. An expunction is not always a complete erasure, so confirm how it applies to your situation.
Generally yes. Once an offense is expunged under North Carolina's Article 5, you may lawfully deny the arrest, charge, or conviction in most employment and housing applications as if it never happened. Narrow exceptions remain, such as some law enforcement and government positions, so an attorney can help you confirm how the denial right applies to a specific application.
No, not as a conviction. North Carolina does not allow expunction of an impaired driving (DWI) conviction, and a prior DWI conviction can also bar relief on other charges. If a DWI charge was dismissed or resulted in a not-guilty finding on or after December 1, 2021, that non-conviction can be expunged, but the conviction itself stays on the record.
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