How to Get a Felony Expunged

If you have a felony record, you know how difficult it can be to get a job or lease an apartment. You know what it feels like to be treated like a second class citizen even if you have served your time and are no longer living the same lifestyle. 

In North Carolina, there is a system of expungement so that you don’t have to live with a criminal record for a lifetime. There are sometimes second chances depending on the type of crime and when you committed it, even for felons. 

Eligible Felonies

A felony is always eligible for expungement in these cases:

• Identity Theft – not guilty dismissal or charge set aside by the court
• Dismissal of charges resulting from identity theft or mistaken identification
• DNA records upon appellate reversal of a conviction or upon pardon of innocence
• A conviction after pardon of innocence

You can find more information and the forms to petition for an expungement at NCSBI, but the process can be complicated and includes knowing and understanding the statutes you invoke in your defense and including all personal and court information, docket numbers, charges, and dispositions.

A hearing is also required in some jurisdictions. In addition, if you have multiple charges, one charge might be eligible for expungement, while a different charge in the same case is not.

An attorney can guide you through the process and represent you in a hearing and also advise you about your eligibility for expungement of multiple charges or convictions. 

Violent Felony Convictions

If your felony was a violent offense that harmed another physically, you are not eligible for an expungement. Any offense that includes assault is not eligible. However, North Carolina does authorize the expungement of Class H and I nonviolent felonies. You can check out a sample list of crimes and their classifications at NCCourts.gov.

Some Class H and I felonies are also excluded. These include:

• Class H felony conviction of breaking and entering a building 
• Class I felony conviction of breaking and entering a vehicle 

You can obtain an expungement of multiple nonviolent felony convictions if you were convicted of the offenses at the same session of court and none occurred after you had already been served with the criminal process.

Sexual Felony Convictions

The law does not generally provide expungement to those whose felony crimes are sexual in nature including in some cases of stalking. The only exceptions to this could potentially be sexual felonies committed before age 18 or a possible expungement of older sexual felonies that are not subject to registration with the sexual offender database. 

If you are currently required to register as a sexual offender or if you have completed your registration requirements as a sexual offender, then you are not eligible for expungement unless you committed the crime under the age of 18.

It is unclear whether the statutes bar expungement of records for felons “who were never required to register but were convicted of an offense that would require registration if committed now—for example, a person who was convicted of and completed his or her sentence before the sex offender registration statutes took effect.” (1)

If you think that you may be eligible for expungement under more than one statute, you should contact an attorney for knowledgeable advice about how to apply for expungement.

Other Ineligible Offenses

The laws surrounding the expungement of records can be complicated and sometimes open to interpretation by judges, but the following offenses are listed in North Carolina statutes as ineligible for expungement. 

• Class A1 misdemeanor
• A felony involving methamphetamine, heroin, or sale, delivery, or possession with intent to sell or deliver cocaine
• An offense involving certain racially motivated offenses;
• An offense involving purposefully contaminating food or drink
• A felony offense in which a commercial vehicle was used
• An offense involving impaired driving as defined in G.S. 20-4.01(24a)
• An attempt to commit any of these listed offenses

Find Help

There are some types of felonies that once committed will always be on your record. However, if you have questions about whether your felony might be eligible for expungement, contact us at Scharff Law. Our focus is on helping you get a second chance if the law allows. We specialize in criminal law expungement and the process involved in getting you back to a clean record. We want that for you if you are eligible. We work to make it happen for you.

For more information, check out: HOW DO EXPUNGEMENTS WORK?