How Can I Get My Criminal Record Expunged in North Carolina?

Is a Past Mistake Still Holding You Back?

Is a mistake you made years ago still casting a long shadow over your life? A criminal charge, even one that was dismissed, can feel like a life sentence. It can show up on a background check, making it harder to get the job you want, rent a decent apartment in Greensboro or Winston-Salem, or get approved for a professional license. It can make you feel like you’re constantly looking over your shoulder, unable to move on.

You’ve paid your debt to society. You’ve learned from your mistake. You are not the same person you were then. Don’t you deserve a second chance?

We believe you do.

If you are reading this, you are looking for a fresh start. You are looking for a way to finally close a difficult chapter of your life. The good news is that North Carolina law provides a path to do just that. It’s called an expungement, or an “expunction.” For decades, the team at the Huggins Law Firm has been helping hardworking people in our communities—from Burlington to Asheboro, Graham to Kernersville—navigate this complex legal process. This guide is here to give you hope and to provide clear, honest answers about your eligibility for a clean slate.

What is an “Expunction” and What Does It Actually Do?

An expunction is a legal process that essentially erases a criminal charge from your record as if it never happened. It is a court order that directs state agencies to destroy all records of your arrest, charge, and conviction.

When an expunction is granted:

• It will NOT show up on most background checks. When an employer or landlord runs a standard criminal background check, the charge will not be there.
• You can legally say you have not been convicted. On a job application or other form that asks if you have ever been convicted of a crime, you can legally and truthfully answer “no” for the expunged offense.

An expungement is a powerful tool. It is the legal system’s way of recognizing that people can and do move on from their past mistakes.

• A “Less Talked About” Stat: The impact of a clean record is not just emotional; it’s financial. A comprehensive study from the University of Michigan Law School found that individuals who had their criminal records expunged saw their wages increase by an average of more than 20% within one year. This isn’t just about peace of mind; it’s about providing a real, measurable economic boost for you and your family.

The Two Main Paths to a Clean Record in North Carolina

The path to an expungement depends on the outcome of your original case. There are two main categories.

1. Expunging a Dismissal or “Not Guilty” Verdict (The Easier Path) If your criminal charge was dismissed by the prosecutor, or if you went to trial and were found not guilty, you are almost always eligible to have the record of that arrest and charge expunged. Many people think this happens automatically, but it does not. You must file a formal petition with the court.

2. Expunging a Conviction (The More Complex Path) This is the path for people who were found guilty or pled guilty to a crime. For a long time, it was very difficult to get a conviction expunged in North Carolina. But thanks to new laws, eligibility has expanded significantly. This process is much more complex and involves strict waiting periods and eligibility rules.

Who is Eligible? A Deep Dive into North Carolina’s Expungement Laws

The expungement laws in North Carolina are a confusing patchwork of different statutes. Your eligibility depends on the type of offense, your age at the time, and your prior criminal record. Let’s break down the most common scenarios.

Expunging a Dismissal or Not Guilty Verdict

This is governed by N.C.G.S. § 15A-146. If your charge was dismissed or you were found not guilty, you can petition for an expungement. The process is straightforward, and an experienced lawyer can handle it for you quickly.

Expunging a First-Time, Nonviolent Misdemeanor Conviction

This is one of the most common and hopeful types of expungement. Under N.C.G.S. § 15A-145.5, you may be eligible if:

• You have been convicted of one nonviolent misdemeanor.
• You wait 5 years from the date of conviction or the end of your probation, whichever is later.
• You have not had any other criminal convictions during that 5-year waiting period.
• The crime was not a DWI, and does not require sex offender registration.

Expunging a First-Time, Nonviolent Felony Conviction

This is similar to the misdemeanor rule but has a longer waiting period. You may be eligible if:

• You have been convicted of one nonviolent felony.
• You wait 10 years from the date of conviction or the end of your probation, whichever is later.
• You have not had any other criminal convictions during that 10-year waiting period.
• The crime was not a violent felony, did not require sex offender registration, and was not a DWI.

Expunging Charges for Younger Offenders

The law is more forgiving for mistakes made when you were young.

• First-time offenses committed under age 18: If you were convicted of a misdemeanor or a low-level felony while you were 16 or 17, you can petition for an expungement after a 2-year waiting period.
• “Raise the Age” Expungements: North Carolina recently raised the age of juvenile jurisdiction. Now, certain nonviolent offenses committed by 16- and 17-year-olds after 2019 are handled in juvenile court and may be eligible for expungement under different, more lenient rules.

What Crimes Can Never Be Expunged in North Carolina?

It is critical to understand that not all crimes are eligible. The law specifically prohibits the expungement of a conviction for certain offenses, including:

• Any Class A through G felony (the most serious violent felonies).
• Any offense that requires sex offender registration.
• A conviction for Driving While Impaired (DWI).
• Certain felony drug charges.

An experienced lawyer can review your record and give you a clear and honest assessment of your eligibility.

The Expungement Process in NC: A Step-by-Step Guide

The process for getting an expungement is a formal legal proceeding. It requires a lot of paperwork and strict attention to detail.

1. Determine Eligibility: The first step is a thorough review of your criminal record by an experienced lawyer to determine which, if any, statute you are eligible under.
2. File the Petition: Your lawyer will draft and file a formal “Petition for Expunction” with the clerk of court in the county of your conviction (like Guilford, Alamance, or Randolph County). The petition will include affidavits and other required documents.
3. Background Check and Service: The petition is sent to various state agencies for a background check to confirm your eligibility. It is also served on the District Attorney’s office.
4. The Hearing: In some cases, the judge will grant the expungement based on the paperwork alone. In other cases, a formal hearing may be required where we will argue your case to the judge.
5. The Order and Record Destruction: If the judge grants the petition, they will sign an order. That order is then sent to all the state agencies that have a record of your charge, directing them to destroy it.

Why You Need an Experienced North Carolina Expungement Lawyer

The expungement process is a maze of legal paperwork and strict deadlines. A simple mistake on a form or a missed deadline can cause your petition to be denied, and in some cases, you cannot refile. This is not a DIY project. You need a lawyer who has a deep understanding of this specific area of law.

Our team at the Huggins Law Firm is here to be your guide to a second chance.

• We Know the Law. North Carolina’s expungement laws have changed many times over the years. We stay on top of these changes to give you the best and most up-to-date advice on your eligibility.
• We Handle the Hassle. We handle every piece of paperwork, every filing, and every communication with the court and the DA’s office. We make the process as simple and stress-free as possible for you.
• We Are Your Advocate. If a hearing is required, we will be there to make the most powerful argument to the judge on your behalf. We will gather evidence of your good character and your rehabilitation to show the court that you deserve a clean slate.

Our deep experience in criminal defense gives us the knowledge and skill to guide you through this life-changing process.

Key Takeaways for Your North Carolina Expungement

• An Expungement is a Clean Slate: It is a court order that erases a charge from your record, allowing you to legally deny it ever happened on most job applications.
• A Dismissal is Not Automatic: Even if your charges were dismissed, you must still file a petition to have the record of the arrest removed.
• Eligibility Has Expanded: Thanks to new laws, many first-time, nonviolent misdemeanor and felony convictions can now be expunged after a waiting period.
• Some Crimes, Like DWI, Cannot Be Expunged: The law prohibits the expungement of certain serious convictions.
• The Process is Complex: Getting an expungement requires a formal legal petition and strict adherence to rules. Having an experienced lawyer is the best way to ensure it is done right.