Expungement vs Sealing of Criminal Records in North Carolina

North Carolina allows individuals to seal or expunge certain adult criminal records. While you might think of expungement vs sealing as different terms, they are the same in North Carolina.

In North Carolina, expungement, also called “sealing of records” or “expunction,” eradicates an individual’s criminal records from public records.

Prosecutors and law enforcement officials retain access to all records. However, companies that sell your full background check and information to businesses can be liable for reporting an expunged conviction.

What Expungement of Adult Criminal Records Means for You

If a court grants you an expungement (expunction), you generally can’t be arrested or face a guilty perjury conviction if you deny the arrest, charge, or conviction ever happened. 

You don’t need to report your past expunged criminal records on employment, lease, or mortgage applications. You’re not required to disclose your crimes to others and may live as if the conviction never happened.

However, an expunction might not prevent consequences from the charge, arrest, or conviction. For example, an expunction might not stop the expunged case from being used for federal immigration decisions. (1)

• Read the legal statutes describing the effects of an expungement
• Read legal regulations about who can access expunged records data in NC here and here.

What Does it Mean to Seal an Adult Criminal Record?

The term “sealing,” is not a North Carolina legal concept. Instead, in our state, the words “expungement” or “expunction” of records is similar to other states’ version of “sealing.”

Expungement or expunction means that you no longer have a criminal record hanging over your head. Instead, you are free to live your life as if you never faced a conviction at all. You don’t need to tell others or disclose your past criminal or public record either.

Expungement vs. Sealed Record for Juveniles

Often, people think of “sealing” a record as a concept for minors. However, in North Carolina, the terms are the same for expunged or sealed records for juveniles and adults.

However, expunging juvenile records is a different process than removing adult criminal charges and convictions. You can find an explanation of how the juvenile expunction process works at the NCCourts site.

Eligibility for Expungement

There is a waiting period to apply for the expungement of criminal records. If a court dismissed your case outright or you were found not guilty, you may be eligible for immediate expungement.

Depending on your crime and when you committed it, your eligibility varies. Check out these guidelines to see when you can apply.

• One nonviolent misdemeanor: Expungement 5 years after the date of the conviction
• More than one nonviolent misdemeanor: Expungement 7 years after the date of your last conviction or seven years after you complete any sentence, probation, or post-release supervision
• One nonviolent felony: Expungement 10 years after the date of the conviction or ten years after you complete any sentence, probation, or post-release supervision
• Up to three nonviolent felonies: Expungement 20 years after the date of the conviction or ten years after you complete any sentence, probation, or post-release supervision

If you are under 18 and commit a traffic violation misdemeanor, you may be eligible for expunction in 2 years. Other crimes committed under the age of 18 may vary in length of time until you can apply for expungement.

Recent Changes to North Carolina Expungement Law

The North Carolina legislature initiated the new changes to the NC expungement laws to reduce the usual wait time for nonviolent misdemeanor and felony records.

• Misdemeanor expungements now need a 5-year instead of 15-year waiting period.
• Nonviolent felony expungements now need a 10-year waiting period, down from 15 years.
• State law no longer limits how many expungements of dismissed and not guilty cases you can secure. 

If you seek a record expungement in NC, you must apply in the courthouse where you received your conviction. Once you secure an expungement, the sealed or expunged record should no longer appear on background checks.

However, any unexpunged criminal records will remain on your record and appear on employer background checks.

Am I Eligible for Expungement?

Nonviolent misdemeanors and felonies may be eligible for expungement if other conditions are met. This eligibility includes crimes like theft, certain drug possession, and fraud. Before 2017, fewer nonviolent felonies were eligible for expungement, and the process was often long and complex.

One of the changes with an enormous impact on the ability of people to expunge their felony is that NC removed “Breaking and Entering a Motor Vehicle” from the list of “violent” felonies. If your conviction is for “Breaking and Entering a Motor Vehicle,” it is now potentially eligible for expungement from your record for the first time. 

Since 2022, individuals in these situations below are now eligible for expungement:

• Up to three non-violent felony convictions
• One or multiple non-violent misdemeanor convictions
• A first-time conviction of certain offenses before age 18 or 22.
• One or multiple convictions of certain crimes you committed before age 18 and before December 1, 2019.
• All dismissed or not-guilty charges
• A conviction while a victim of human trafficking

WHAT CRIMES ARE NOT ELIGIBLE FOR EXPUNGEMENT IN NC?

If you faced conviction for a crime of a violent nature, NC law does not allow for expungement of those convictions. These violent crimes are called “non-expugnable” offenses and include:

• Violent felonies
• Sex offenses
• Crimes against children
• DWI/DUI
• Any conviction that involved assault

Wondering whether your offense is a criminal case eligible for expungement? Talk with an experienced expungement attorney for a free consultation and learn more about your eligibility.

How Long Until Expungement of My Record is Complete?

The expungement waiting period in NC varies depending on the type of conviction: misdemeanor or felony, and whether you have one or multiple convictions. Below are examples of possible waiting periods: 

• Single misdemeanor conviction: five years from the completion of your sentence
• Multiple misdemeanor convictions: seven years from the completion of your most recent sentence
• Single felony conviction: ten years from the completion of your sentence
• Two or three felony convictions: twenty years from the completion of your most recent sentence

If you have faced denial for an expungement in the past, you may now be eligible, but it is imperative to work with an attorney for your petition to give you the best chance of success.

Talk with us at Scharff Law for a free consultation about your individual record and whether new laws may now make you eligible for an expungement.

How to Get An Expungement

You may wonder how to clear your record if you possess a conviction now eligible for expungement.

The first step is to obtain a copy of your criminal record. At Scharff Law Firm, we will get an informal copy of your criminal record as part of a free consultation. However, you can do this yourself by contacting the clerk-of-court in the county where you were convicted and obtaining an official criminal record report or submitting your fingerprints and a background request to the SBI. We always recommend getting a formal background check from the SBI. 

Once you have your criminal record, you fill out an expungement petition and file it with the clerk-of-court. 

If the expungement is for a conviction, you serve a copy of the petition on the district attorney in the county where you were convicted and pay a filing fee. You may attend a hearing before a judge who decides whether to grant the expungement. Sometimes an in-person hearing is not required. 

If the judge grants the expungement, you will receive a signed expungement order.

In the case of a successful expungement order, the clerk-of-court will issue an order for other agencies to expunge your criminal record. These state agencies include the NC Department of Public Safety, local law enforcement, and the State Bureau of Investigations. 

A criminal defense attorney can help you determine eligibility for expungement and guide you through the process. With complex new eligibility laws, these factors come into play:

• Nature of your offense
• When the offense occurred
• Whether you received an earlier expungement

At Scharff Law, we can help ensure that your application is complete and accurate so that you have the best chance of receiving your clean record!

We Can Help

If you have any questions about expungement in North Carolina or would like help clearing your criminal record, please get in touch with us. We are here to help.

Here at Scharff Law, we get it. We know the latest expungement laws and how to help you break free from a heavy criminal record. Nobody wants to be judged based on their old mistakes. However, right now, you have more chance than ever to qualify for complete criminal record expungement.

Scharff Law Firm’s expungements legal team can assess your circumstances and help you understand your best next steps. Contact us for a free consultation and learn how we can help you move forward in freedom from a criminal record!