What Does Expunged Mean in North Carolina?

If you have a criminal record in North Carolina, you might wonder if there’s a way to clear it. But what does expunged mean in North Carolina?

Expungement allows certain charges or convictions to be erased from your record, giving you a fresh start. Expunged records no longer show up on formal background checks unexpectedly and stop you from moving forward.

Once a record is expunged, it’s like it never existed. You don’t have to disclose it on job applications, housing forms, or most background checks.

But not every charge qualifies, and the process can take time.

Understanding how expungement works helps you decide if you’re eligible. Let’s break down what it means, who qualifies, and how to start the process.

Expunging Your Criminal Records in North Carolina

Expungement removes certain criminal records from public view, allowing you to move forward without the weight of past mistakes.

If a court grants an expungement order, records related to your criminal case are officially destroyed and removed from most background checks. Under state law, this can include:

Arrest records
Court records
In some cases, convictions

Expungement doesn’t erase your history from all government agencies. Law enforcement and the prosecutor’s office may still access an expunged case under certain circumstances.

However, for most purposes—including job applications and housing—you can legally deny the record ever existed.

Who Qualifies for Expungement in North Carolina?

Not every criminal case qualifies for expungement. State law outlines specific eligibility rules based on:

The type of criminal offense
Whether charges were dismissed or resulted in a conviction
The age when the offense occurred
The person’s criminal record and whether other convictions exist
Whether the case was in juvenile court or district court

Certain convictions, like violent felonies, typically cannot be expunged. However, new laws have expanded eligibility, allowing more people to clear their records.

What Types of Records Can Be Expunged?

Expungement in North Carolina applies to different types of criminal records, depending on the nature of the offense, the outcome of the court case, and the person’s criminal history.

While some records can be erased automatically, others require you to file an expungement petition and go through the court process.

Dismissed Charges and Not-Guilty Verdicts

If your criminal charges were dismissed or if a court found you not guilty, you may qualify for an expungement.

North Carolina recognizes that a dismissed charge or an acquittal should not follow you for life. These records can appear on background checks, affecting employment and housing opportunities even when no conviction exists.

In many cases, you must file a petition to have your dismissed charges or not-guilty verdicts expunged.

However, under a new law, certain dismissed charges are automatically expunged without requiring any action on your part. This only applies to fairly recent dismissed cases.

If your case does not qualify for automatic expungement, you must take the necessary legal steps to clear your record. Contact us to see if your case qualifies for automatic expungement or if you need to take steps.

Certain Misdemeanor and Felony Convictions After a Waiting Period

Not all convictions are eligible for expungement, but North Carolina law allows some misdemeanor and felony convictions to be erased after a specific waiting period.

The length of time depends on the type of crime and your overall criminal history.

Misdemeanor convictions – Many nonviolent misdemeanor convictions can be expunged after five years, provided you have no new convictions during that time.
Felony convictions – Some nonviolent felony convictions may be eligible for expungement after ten years, as long as you meet all requirements.
Multiple convictions – If you have multiple convictions for nonviolent crimes, you may still qualify, but the waiting period and eligibility requirements may vary.

Expungement of a conviction can significantly improve your opportunities in employment, education, and housing.

Once a conviction is expunged, you can legally deny it in most situations, and it will not appear in most background checks.

Juvenile Records Once a Juvenile Reaches a Certain Age

Juvenile offenders have unique protections under North Carolina law. Many juvenile records can be expunged once the person reaches a certain age and meets specific requirements.

If the offense occurred while you were under 18, your record may be eligible for expungement when you become an adult.
If your case was handled in juvenile court, the expungement process may be easier, especially for lower-level offenses.

Juvenile records that remain on a person’s criminal record can create barriers to employment, education, and military service. Expungement allows young people to move forward without being permanently impacted by past mistakes.

Clearing your criminal record can open doors to new opportunities in employment, housing, and education. At Scharff Law, we’re committed to helping you achieve this fresh start.

Contact us today for a free consultation to discuss your expungement options. Call us at (919) 457-1954 to begin your journey toward a brighter future.

Cases of Mistaken Identity or Wrongful Arrest

If you were arrested due to mistaken identity or if law enforcement wrongly accused you of a crime, you should not have to carry that arrest on your record.

Even though you were never convicted, an arrest record can still appear in background checks, creating unnecessary complications.

In these cases, North Carolina law allows for expungement. The process is generally faster for mistaken identity cases, as courts recognize that individuals should not suffer from law enforcement errors.

You may need to provide documentation proving the mistaken identity, and the court may issue an expungement order to remove the arrest from public record.

Nonviolent Offenses Under Certain Conditions

North Carolina allows expungement for certain nonviolent offenses if specific conditions are met. The state recognizes that people can make mistakes but deserve a second chance, especially if they have demonstrated rehabilitation.

Nonviolent misdemeanors – Eligible for expungement after a set waiting period with no additional criminal charges.
Nonviolent felonies – May be expunged if the offense occurred long ago and no further crimes have been committed.
Criminal offenses involving community service or probation – In some cases, successful completion of court-ordered programs may make you eligible.

Expungement of a nonviolent offense can restore lost opportunities, such as obtaining a professional license, securing better job opportunities, or restoring certain civil rights.

Automatic Expungement vs. Petition-Based Expungement

Some cases qualify for automatic expungement, meaning they are removed from public record without you needing to file a petition.

For example, under a recent change in state law, certain dismissed criminal charges are automatically expunged after a 6-month waiting period.

Other cases require you to take legal action. If your case does not qualify for automatic expungement, you must:

File an expungement petition in the district court where the offense occurred.
Pay a filing fee (unless a waiver applies under certain circumstances).
Provide necessary documents, including certified copies of court records.
Wait for a judge’s final decision on whether your records will be expunged.

If your case qualifies for expungement, it can remove significant barriers to employment, education, and other opportunities.

Understanding your options and taking action can help you clear your record and move forward with a clean slate.

How to File for an Expungement in North Carolina

If your case qualifies for expungement, you must follow specific legal steps to clear your record. North Carolina law requires you to submit a formal expungement petition and meet all eligibility requirements.

While some records are automatically expunged, most require you to take action.

Obtain a Certified Copy of Your Court Case Records

Before filing for an expungement, you need to obtain a certified copy of your court case records. This includes documents showing the criminal charges, the court’s final decision, and any conditions you completed, such as probation or community service.

You can request certified copies from the clerk of court in the county where your case was handled.
Some counties may charge a small fee for these documents.
Having accurate records ensures that your expungement petition includes all required information.

Court records are essential for proving that your case qualifies under North Carolina’s expungement laws. Without them, the court may reject your petition.

Complete the Required Expungement Petition Forms

North Carolina requires specific legal forms for expungement, depending on the type of record you want to clear. The petition must be filled out completely and accurately.

Forms vary based on whether you are seeking expungement for a dismissed charge, a juvenile record, or a conviction.
Incorrect or incomplete forms may delay the process or result in denial.
Some cases require additional documentation, such as proof of rehabilitation or affidavits from community members.

If you are unsure which forms to use, contact an attorney as the courthouse officials cannot provide legal advice.

Submit the Petition to the District Court Where the Offense Occurred

Once you have completed your expungement petition, you must file it with the district court where the offense occurred. This step officially starts the expungement process.

The court where your criminal case was handled has jurisdiction over your petition.
Some petitions require approval from the prosecutor’s office before submission.
Your petition will be assigned to a judge who will review your case.

The filing process may vary slightly by county, so it is important to check with the local court for any additional requirements.

Pay the Required Filing Fee (Waivers May Be Available in Certain Circumstances)

North Carolina charges a filing fee for most expungement petitions, but in some cases, you may qualify for a fee waiver.

The standard fee for filing an expungement petition is set by state law.
If you cannot afford the fee, you may request a waiver by submitting financial hardship documents.
Juvenile records and cases of mistaken identity may qualify for automatic expungement without a fee.

A fee waiver can make the expungement process more accessible for individuals who meet financial eligibility requirements.

Wait for the Court’s Final Decision on Whether Your Record Will Be Expunged

After submitting your petition, you must wait for the court’s decision. The process can take several months, depending on court schedules and case complexity.

A judge will review your petition to ensure it meets all state law requirements.
If necessary, the court may request additional documents or schedule a hearing.
You will receive a final decision by mail or in person at a court hearing.

Court Hearings and Objections

In some cases, a hearing is required before the judge grants an expungement.

The prosecutor’s office may object to the petition, arguing that the case does not meet legal requirements.
If there are objections, you may need to present evidence supporting your request.
The judge has the final decision on whether to grant or deny the expungement.

If the court approves your petition, your records will be officially destroyed, and you will be able to move forward without the burden of a public criminal record.

If denied, you may have options to appeal or refile under different circumstances.

What Happens After Expungement?

Once a court grants your expungement order, the record is officially destroyed from public record. This means:

Most background checks will no longer show the expunged conviction.
You can legally deny the conviction in most situations.
Employers, landlords, and most government agencies shouldn’t see the record.

Expungement also doesn’t override federal law, meaning certain federal agencies may still access the record.

Are There Alternatives to Expungement?

If you don’t qualify for full expungement, you may have other options, including:

Partial expungement – Some cases allow parts of a criminal record to be destroyed while keeping other information public.
Executive clemency – A governor’s pardon doesn’t erase a conviction but may restore some civil rights.
Plea bargain – In some cases, negotiating a lesser charge or completing community service can help avoid a conviction altogether.

If you’re unsure whether your case qualifies, speaking with an attorney familiar with North Carolina expungement law can help you understand your options.

Experienced Guidance Through Expungement Processes in North Carolina

At Scharff Law, we understand that navigating the expungement process can feel overwhelming.

Clearing your criminal record is a significant step toward a brighter future, and we’re here to guide you every step of the way.

Personalized Assessment of Your Eligibility

Determining if your offense qualifies for expungement under North Carolina law is crucial. Our team conducts a thorough review of your criminal history to assess your eligibility.

We consider factors such as:

The nature of your offense
The time elapsed since the conviction
Your conduct post-conviction

This personalized assessment ensures that we provide you with accurate and tailored advice.

Streamlined Document Preparation and Filing

The expungement process involves meticulous paperwork and adherence to specific legal procedures.

We handle:

Completing and filing the necessary expungement petition forms
Serving petitions to the appropriate parties

Our attention to detail minimizes errors and enhances the likelihood of a successful expungement.

Advocacy During Court Proceedings

Some expungement cases may require court hearings, where objections from the prosecutor’s office could arise.

In such instances, we:

Represent you during hearings
Present compelling arguments supporting your petition
Address any concerns raised by the court or opposing parties

Our goal is to advocate effectively on your behalf to achieve a favorable outcome.

Take the First Step Toward a Clean Slate

Clearing your criminal record can open doors to new opportunities in employment, housing, and education. At Scharff Law, we’re committed to helping you achieve this fresh start.