What an expunction does
When a judge grants an expunction, the court and agencies that hold the record are ordered to remove or seal it. For most purposes, you can then legally say the event did not happen, including on many job and housing applications. Some government agencies and licensing boards may still see expunged records, and there are exceptions. We explain what the order will and will not do for you.
North Carolina uses the word “expunction.” Many people search for “expungement.” They mean the same thing.
Records that may qualify
- Dismissed charges. Many charges dismissed by the prosecutor or the court can be expunged, often without a waiting period.
- Not guilty verdicts. A charge that ended in an acquittal can often be expunged.
- Some nonviolent convictions. Certain misdemeanors and lower-level felonies may qualify after a waiting period, if you have stayed out of trouble.
- Offenses committed when you were young. Some convictions for offenses committed before a certain age have their own rules.
- Charges from identity theft or mistaken identity. These have a separate path.
Some offenses can never be expunged, and the rules on waiting periods and how many convictions qualify have changed in recent years. Eligibility depends on your full record, so we review it before we file anything.
How the process works
- Record review. We gather your record and check each charge against the law.
- Petition. We prepare the correct form for each charge and the supporting papers.
- Filing. The petition is filed in the county where the charge was brought.
- Review. The prosecutor and other agencies may review it. Some petitions need a hearing.
- Order. If the judge grants it, the order goes out to the agencies that hold the record.
The process takes time, often months. Filing fees may apply for some petitions. We tell you the timing and costs in writing before you start.
Expunction versus other options
A prayer for judgment continued, a deferred prosecution, or a conditional discharge is not an expunction. Some of these can lead to a dismissal, which may then qualify for expunction, but the expunction is a separate step. If your case is still open, ask us how your choices now could affect your ability to clear the record later.
Private background check companies may keep old data even after an expunction. We can explain what you can do if an expunged record still shows up.
If you are applying for jobs or housing while a petition is pending, ask us how to answer background questions accurately until the order is signed.
Who files and what it costs
You can file an expunction petition yourself, and court and nonprofit clinics help many people do that. A lawyer can help when the record is complicated, when there are charges in several counties, when you are not sure what qualifies, or when a hearing is needed. Filing the wrong petition, or filing too early, can delay the result.
Some petitions require a filing fee and others do not, and the fee may be waived in some cases. We tell you the court costs and our fee in writing before you hire us.
Expunction and immigration, guns, and licenses
An expunction is a powerful tool, but it does not fix everything. Federal immigration authorities may still treat an expunged conviction as a conviction for some purposes. Some licensing boards and law enforcement agencies may still see expunged records. Gun rights may or may not be restored, depending on the record. If any of these matter to you, tell us at the start so we can look at the whole picture, and talk with an immigration lawyer where needed.
Our expunction work
Attorney Mayra Nieves took part in expunction and driver’s license restoration clinics through the North Carolina Pro Bono Resource Center. She and Attorney Micah E. Huggins review each record carefully and tell you the hard truth about what qualifies.
We explain our fee in writing before you hire us. Call (336) 281-2008 or request a consultation. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
Can a dismissed charge be expunged in NC?
In many cases, yes. North Carolina allows expunction of many dismissed charges and not guilty verdicts, often without a waiting period. Some exceptions apply, so the full record should be reviewed first.
Can I expunge a conviction in North Carolina?
Some nonviolent misdemeanor and lower-level felony convictions can be expunged after a waiting period, if you meet the other requirements. Some offenses can never be expunged. Eligibility depends on your whole record.
How long does an expunction take in NC?
It often takes several months from filing to a signed order, and sometimes longer. Timing depends on the county, the type of petition, and the agencies that must review it.
Is expungement the same as expunction?
Yes. North Carolina law uses the word expunction, but many people search for expungement. Both mean a court order removing certain criminal records.
Will an expunged record show up on a background check?
After an expunction, government records are ordered removed or sealed, and you can usually deny the event on many applications. Some agencies can still see it, and private databases may hold old data. We explain what to do if that happens.