NORTH CAROLINA
How to Clear Your Criminal Record
in North Carolina
in North Carolina
A free, plain English guide to expungement under North Carolina law — including automatic expungement for dismissed charges and who qualifies for conviction expungement.
LEGAL TERM
Expungement / Expunction
FILING FEE
$175 (waivable)
GOVERNING LAW
G.S. § 15A-145 through 15A-149
What You Need to Know First
Dismissed charges since December 1, 2021 are automatically expunged — no action needed. Between 180 and 210 days after a dismissal or not guilty verdict, the court automatically expunges the record by operation of law. You don't need to file anything or pay any fee.
New 2025 law: The waiting period to expunge one nonviolent misdemeanor conviction was reduced from 5 years to 3 years under a law that took effect in 2025. If you were waiting to become eligible, check again — you may qualify now.
North Carolina uses the term "expunction" — same as expungement. An expunction restores you to the status you had before the criminal record existed. With limited exceptions, you can legally deny the arrest or conviction ever occurred.
What Can — and Can't — Be Expunged
ELIGIBLE FOR EXPUNGEMENT
- Dismissed charges — automatic after Dec. 1, 2021
- Not guilty verdicts — automatic after Dec. 1, 2021
- One nonviolent misdemeanor — after 3 years (2025 law)
- Multiple nonviolent misdemeanors — after 7 years
- One nonviolent felony conviction — after 10 years
- Up to three nonviolent felony convictions — after 10-20 years
- First offender drug offenses under age 21
- Misdemeanors committed under age 18 — after 2 years
- Human trafficking victims — all related offenses
NOT ELIGIBLE FOR EXPUNGEMENT
- Class A through G felony convictions
- Class A1 misdemeanor convictions
- DWI convictions — ever
- Sex offenses requiring registration
- Offenses with assault as an essential element
- Any new conviction during the waiting period
- Outstanding restitution orders
- Previously granted expungement under § 15A-145.5
For expungement purposes, "nonviolent" is defined by what is excluded under G.S. 15A-145.5(a). Not all excluded offenses are actually violent — the list includes DWI and certain drug offenses that aren't traditionally considered violent crimes.
Waiting Periods
Waiting periods begin after completing your full sentence — including probation and post-release supervision. All fines and restitution must be paid.
Dismissed charges / not guilty — automatic
180–210 days
Misdemeanor under age 18 — petition
2 years
One nonviolent misdemeanor — petition (2025 law)
3 years
Multiple nonviolent misdemeanors — petition
7 years
One nonviolent felony conviction — petition
10 years
How to File — Step by Step
1
Check If Your Record Was Already Expunged
If your charges were dismissed or you received a not guilty verdict after December 1, 2021, your record may already be automatically expunged. Request a copy of your North Carolina criminal history from the NC State Bureau of Investigation at ncsbi.gov to verify.
2
Get the Right Petition Form
North Carolina has many different expungement forms depending on your age, offense type, and case outcome. Get the correct AOC form from the NC Courts website at nccourts.gov or from the clerk of court in the county where your charge was filed.
3
Complete the Petition
Fill out your petition completely. Most petitions require your personal information, case details, proof that you've completed your sentence, and for conviction expungements — a character affidavit from someone who knows you. Some petitions require additional supporting documents.
4
File in the County Where You Were Charged
File your petition with the clerk of superior court in the county where the charge originated. Pay the $175 filing fee — or request a fee waiver if you cannot afford it. There is no filing fee for dismissals or not guilty verdicts that are not automatically expunged.
5
The District Attorney Reviews Your Petition
The clerk notifies the district attorney who has the opportunity to object. For conviction expungements, the DA may request a hearing. For dismissed charges, the court typically grants the petition without a hearing if all criteria are met.
6
Attend a Hearing if Required
For conviction expungements the judge may hold a hearing to determine whether you have good moral character. Come prepared with evidence of rehabilitation — employment history, community involvement, and character references strengthen your case.
7
After Expungement Is Granted
All official records are destroyed or sealed. The clerk notifies state and local agencies. Private background check companies must delete expunged information once notified by the Administrative Office of the Courts. The process typically takes 9 to 12 months from filing to completion.
Official Forms
NC Courts — Expunction Forms and Instructions
Official AOC petition forms for all types of North Carolina expungements — organized by offense type and age
Get forms at nccourts.gov →
NC State Bureau of Investigation
Request your official NC criminal history and verify expungement status
Visit ncsbi.gov →
Fee Waiver Request
Request to file without paying the $175 fee if you cannot afford it — available from the clerk of court
Get form at nccourts.gov →
NC Justice Center — Expunction Summary
Plain English summary of all North Carolina expunction statutes — updated annually
Read at ncjustice.org →
Helpful Resources
FREE LEGAL HELP
NC Second Chance Alliance
Free resources, clinics, and legal help for North Carolinians seeking expungement under the Second Chance Act
ncsecondchance.org →
FREE LEGAL HELP
NC Justice Center
Plain English guides, expunction summaries, and legal aid referrals for North Carolinians
ncjustice.org →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free and reduced-cost programs for housing, food, work, and more in your area
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training — including resources for people with records
careeronestop.org →
EXPUNCTION GUIDES
UNC School of Government
Detailed legal guides on North Carolina expunction law from UNC's School of Government
sog.unc.edu →
COURT LOCATIONS
NC Courts
Find your county clerk of superior court to file your expunction petition
nccourts.gov →
Frequently Asked Questions
Was my dismissed charge automatically expunged?
If your charge was dismissed or resulted in a not guilty verdict after December 1, 2021, it was likely automatically expunged between 180 and 210 days after final disposition — no action required. Request your criminal history from the NC State Bureau of Investigation at ncsbi.gov to verify. If it wasn't automatically expunged you can still file a petition.
Can a DWI be expunged in North Carolina?
No — DWI convictions are permanently excluded from expungement in North Carolina and can never be expunged. However if your DWI charge was dismissed or you received a not guilty verdict, that charge can be expunged — automatically if the disposition was after December 1, 2021, or by petition if it was before that date.
Can I legally deny the conviction after expungement?
Yes — after expungement, North Carolina restores you to the status you had before the criminal record existed. You can legally deny the arrest or conviction occurred on most job applications and in most other situations without committing perjury. Exceptions include federal immigration proceedings, certain government employment, and law enforcement positions.
How long does the process take?
North Carolina expunctions typically take 9 to 12 months from filing to completion. The timeline varies significantly by county — some counties process petitions faster than others. After the order is granted, private background check companies must delete expunged information once notified by the Administrative Office of the Courts.
Can I expunge more than one conviction?
Yes — North Carolina allows expungement of multiple nonviolent misdemeanors after a 7-year waiting period, and up to three nonviolent felony convictions after 10 to 20 years. However once you have received an expungement under § 15A-145.5, you cannot seek expungement for any offense committed after that date. Multiple convictions disposed in the same court session are counted as one conviction.
Do I need an attorney?
Not required — but strongly recommended for conviction expungements. North Carolina has many different expunction statutes and picking the wrong form can delay or derail your petition. For simple dismissed charge expungements the process is more straightforward. NC Second Chance Alliance offers free help and the NC Courts website has detailed instructions for each petition type.
After Your Record Is Expunged
After expungement in North Carolina, you are restored to the status you had before the criminal record existed. You can legally deny the arrest or conviction occurred on most job and housing applications.
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Employment
Expunged records do not appear on most background checks. You can legally deny the conviction on most private job applications. North Carolina law requires private background check companies to delete expunged records once notified. Law enforcement employers and certain positions regulated by federal law may retain access.
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Gun Rights
Expungement of a dismissed charge or not guilty verdict leaves gun rights intact since there was no conviction. Expungement of a felony conviction does not automatically restore federal firearms rights — federal law still applies. Consult a licensed North Carolina attorney before purchasing or possessing a firearm if you have any felony history.
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Professional Licensing
Most North Carolina licensing boards cannot use expunged convictions against applicants. However certain regulated professions may still have access. Contact the specific licensing board before applying to understand their disclosure requirements.
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Background Check Databases
North Carolina law requires private background check companies to delete expunged records when notified by the AOC. However some databases may take time to update. Keep your expunction order and dispute any records that still appear with the reporting agency.
For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.
This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your county court clerk or a licensed attorney in your state before filing.