Did you know that at least 2 million people in North Carolina have a criminal record? That’s nearly 1 in 5 residents, which is a staggering number of people whose everyday lives are shaped by something in their past.
Even a single charge—whether dismissed, resolved through a program, or ending in acquittal—can make it harder to get a job, secure housing, or simply move forward. Many are left thinking their future is out of reach.
The good news? Expunction in North Carolina offers several legal pathways for clearing criminal records.
It’s not a one-size-fits-all process, but understanding your options is the first step toward reclaiming your future. Whether you’re dealing with old charges, past mistakes, or a case that ended in your favor, there may be a way forward.
Let’s find out what options you have.
Expunction in North Carolina: Cleared, But Not Forgotten
An expunction in NC (also called an expungement) is a legal process that removes eligible charges or convictions from your public criminal record. Once granted, it’s as if the incident never happened—at least in most public-facing ways.
That means:
- It won’t show up on most background checks.
- Employers, landlords, and schools typically can’t see it.
- You’re legally allowed to deny the expunged charge in many situations.
But it’s not a complete erasure. Some government agencies, such as law enforcement or the courts, may still access expunged records under limited circumstances.
Your Legal Options for Clearing a Criminal Record
Different situations call for different solutions. Expunction in North Carolina law covers a range of scenarios, and your eligibility depends on how your case ended, what kind of offense was involved, and how much time has passed.
Let’s break it down.
Charges That Were Dismissed or Ended in Not Guilty
If your case ended without a conviction—either through a dismissal or not guilty verdict—you may qualify for an expunction in NC. In fact, there’s no limit on the number of dismissals or acquittals that can be cleared.
As of July 2024, automatic expunctions have resumed in North Carolina. That means the courts may clear eligible charges from your record without you having to file anything.
However, automatic expunctions aren’t guaranteed or immediate. Some cases may be missed, delayed, or processed without notifying you. Filing a petition is often still the best way to ensure your record is cleared properly and quickly.
Juvenile Charges in Adult Court
Before 2019, North Carolina law allowed 16- and 17-year-olds to be charged as adults. The “Raise the Age” reform and the Second Chance Act aimed to correct that.
Now, those who were charged in adult court for nonviolent offenses committed at age 16 or 17 may qualify for expunction in NC—if those charges would have been handled in juvenile court under current law. This includes many misdemeanors and some low-level felonies (Class H or I), but not motor vehicle offenses or any crimes requiring sex offender registration.
Convictions for Nonviolent Offenses
Yes, even convictions can sometimes be expunged—if they meet certain criteria.
Here’s the general waiting period:
- 5 years: one nonviolent misdemeanor
- 7 years: more than one nonviolent misdemeanor
- 10 years: one nonviolent felony
In addition to waiting it out, you must:
- Have no new convictions (other than minor traffic tickets)
- Show good moral character
- Have no pending charges
If you meet these conditions, you may be eligible for expunction in North Carolina to have that conviction wiped from your record.
First-Time Offender and Diversion Program Relief
Some first-time offenders—especially in drug-related or low-level cases—may qualify for relief if they have completed a deferral or diversion program.
But here’s the catch: even if your charge was dismissed, the terms of the program might block you from expunction in NC. That’s particularly common in domestic violence or child abuse cases.
That’s why it’s so important to review your situation with an attorney who understands the terms of your dismissal, and whether they still leave the door open to clearing your record.
What Can’t Be Expunged?
Not every offense qualifies for expunction in North Carolina. The law excludes certain serious crimes, including:
- Violent felonies (like armed robbery or assault with a deadly weapon)
- Sex offenses (especially those requiring registration)
- Driving While Impaired (DWI) convictions
- Certain breaking and entering charges, depending on classification
These exclusions exist because the law is focused on second chances for nonviolent and lower-level offenses. If your record includes one of these disqualifying charges, it could block expunction even for unrelated offenses.
If you’re not eligible for expunction, you may still qualify for a Certificate of Relief, which doesn’t erase your record but can remove some employment and licensing barriers.
That’s why a full record review is so important—one disqualifying charge doesn’t always mean the rest of your record can’t be cleared.
Common Expunction Myths And the Truth Behind Them
Even with new laws on the books, misinformation is everywhere, especially online. Let’s set the record straight on a few common myths.
You Only Get One Expunction?
You may have heard that you only get one chance at an expunction in NC, and that’s technically true under many statutes. But that doesn’t mean you’re limited to one charge. If multiple eligible charges came from the same event, you may be able to clear them all with a single petition.
For example, someone found not guilty of both marijuana possession and drug paraphernalia—charged together—might have both removed through one expunction. So yes, your opportunity is limited—but it can go further than you think.
Dismissed Means Automatically Eligible?
It’s easy to assume that if a charge was dismissed, expunction in North Carolina is automatic. But some dismissals—particularly those that follow a deferral agreement—may include terms that block your right to expunction.
This is especially true for certain domestic violence or child abuse charges in counties like Wake, where prosecutors may require you to give up expunction eligibility as a condition of the agreement.
It’s a reminder that even a dismissal doesn’t always open the door to clearing your record.
One Guilty Verdict, No Second Chances?
It’s harder, but not impossible.
If you were found guilty of a low-level, nonviolent misdemeanor or a Class H or I felony, and you’ve stayed out of legal trouble since, you may still qualify for relief. It’s not automatic, and it takes time, but it’s possible under the right circumstances.
All Misdemeanors Are Eligible?
It’s tempting to assume that misdemeanors are minor enough to be wiped away easily. But expunction in North Carolina draws a hard line between nonviolent and violent offenses.
Charges like simple assault or assault with a deadly weapon—even if classified as misdemeanors—are typically ineligible. Juveniles may qualify more quickly than adults, but for most, expunction still requires waiting periods and a clean record in the years following the offense.
File and It’s Over?
Many people are surprised to learn that even straightforward cases of expunction in NC can take six to nine months—or more.
Once your petition is filed, the process involves background checks, reviews by the State Bureau of Investigation and local district attorney, and ultimately, a judge’s approval. Meeting the qualifications is just the first step—patience is part of the process.
Your Second Chance Starts Here
Expunction in NC isn’t always straightforward. The laws have changed repeatedly over the last decade, and (as we have seen) multiple rules might apply to your situation.
Trying to sort through it alone can lead to missed opportunities or unnecessary delays. One of the most common mistakes we see is assuming you’re stuck with a record just because time has passed or your case didn’t end the way you hoped.
At Kurtz & Blum, we’ve helped clients across North Carolina find the right path forward—whether through a petition, an appeal, or careful record review. Expunction in North Carolina law may offer a second chance, and we’re here to help you find it.
If you’re not sure where to start, let’s talk. Call us today to find out if you’re eligible for expunction in NC—and take control of your future.
