A criminal charge casts a long shadow, even one that was dismissed or ended in a not guilty verdict. It can show up in background checks, make it harder to find work or housing, and leave people feeling defined by something that no longer reflects who they are.
The Second Chance Act was created to help change that. This law gives eligible individuals a legal pathway to clear certain charges or convictions from their records. For many, it’s not just about paperwork—it’s about reclaiming a future.
So, who qualifies for the Second Chance Act in NC? What’s changed since the law was passed? And what does this process look like now?
The Second Chance Act: The Fresh Start Option
The Second Chance Act in North Carolina is a law that gives people a way to clear certain charges or convictions from their criminal records. It was signed into law with one goal in mind: to help people move forward without being held back by past mistakes, especially for those who’ve moved on from past mistakes.
In legal terms, this process is called an “expunction.” An expunction removes eligible charges from your public record as if they never happened. That means they won’t show up on most background checks and can no longer be used unfairly against you in employment, housing, or other vital areas of life.
Since the law was first passed, there have been updates—some expanding opportunities, and others rolling back earlier changes. But the core purpose remains the same: to give people a chance to rebuild their lives when the law says they’ve earned it.
Who May Be Eligible for Relief Under the Second Chance Act?
The Second Chance Act was designed to give people with certain types of criminal records a fresh start. It creates several paths to expunction depending on the type of charge, how the case ended, and how much time has passed.
Here’s a breakdown of who may qualify under the Second Chance Act in NC:
Charges Dismissed or Found Not Guilty
If your charge was dismissed or you were found not guilty, you may be eligible for expunction.
There’s no limit on the number of dismissals or not guilty verdicts that can be expunged, and it doesn’t matter what other convictions may be on your record. This applies whether the charge was dismissed by the court, the prosecutor, or after completing a deferral program. Yet, some deferral agreements may limit your rights, depending on the case.
Juvenile Offenses Charged in Adult Court
Before 2019, 16- and 17-year-olds in North Carolina could be charged as adults. The Second Chance Act helps fix that by allowing people to expunge certain charges that would now be handled in juvenile court.
You may qualify if:
- You were charged in adult court for a crime committed at age 16 or 17;
- The charge was a nonviolent misdemeanor or a Class H or I felony;
- It was not a motor vehicle offense or a charge requiring sex offender registration.
There’s no limit on how many eligible charges from this category can be expunged under the Second Chance Act in NC.
Convictions for Nonviolent Offenses
The law also provides a path for expunging certain nonviolent convictions—both misdemeanors and some felonies—after a waiting period. You must have completed your sentence and remained free of new convictions (other than traffic violations) during that time.
Here’s how it works:
- 5 years for one nonviolent misdemeanor
- 7 years for more than one nonviolent misdemeanor
- 10 years for one nonviolent felony
Other requirements include:
- No pending charges at the time of your petition
- Proof of good moral character
- No violent or disqualifying convictions
If you meet these conditions, you may be eligible to clear your record thanks to the Second Chance Act in NC, even if you pleaded guilty or were found guilty at trial.
Knowing the Limits: What Crimes Are Not Eligible for Expunction?
While the Second Chance Act in North Carolina expands opportunities for many, it doesn’t apply to every charge or conviction. Some offenses are considered too serious or too risky to be cleared through the expunction process.
Here are the main types of cases that are not eligible:
- Violent felonies, including assault with a deadly weapon and armed robbery
- Sex offenses, including crimes that require sex offender registration
- Driving While Impaired (DWI) convictions
- Certain breaking and entering charges, particularly if classified as more serious felonies
These exclusions exist because the law is focused on giving second chances for nonviolent and lower-level offenses. If your record includes a disqualifying charge, it may affect your ability to petition, even for unrelated charges.
That’s why it’s important to have an attorney review your full record before moving forward. In some cases, parts of your record may still be eligible, even if others are not.
The Latest Update: Automatic Expunctions Issues
When the Second Chance Act in North Carolina was first passed, one of its most talked-about features was the plan for automatic expunctions. From December 2021, charges that ended in a dismissal or not guilty verdict were supposed to be automatically removed from a person’s record—no petition required.
But that part of the law didn’t go as planned.
The state’s court system quickly became overwhelmed. In just a few months, hundreds of thousands of records were set for removal, often without notice to victims, law enforcement, or prosecutors. The administrative burden led to confusion, delays, and serious concerns about due process.
As a result, lawmakers rolled that feature back. In 2024, the automatic expunction provision was repealed to give the court system time to regroup and restructure the process, not to cancel it, but to make it work better.
Later that year, the law was updated to improve how automatic expunctions are handled. As of July 1, 2024, automatic expunctions have resumed under revised rules. That means if your charge was dismissed or you were found not guilty, the law may now clear it without any action on your part, though there are still cases where filing a petition may be faster or more appropriate.
Why the Expunction Process Still Matters—Even With Automatic Relief Back in Place
Automatic expunctions under the Second Chance Act were paused temporarily but have now resumed under a revised system.. That’s good news—but it doesn’t mean every eligible case will be cleared on its own.
A dismissed charge can still show up on background checks. Employers and landlords may not take the time to see how the case ended—they just see that you were once charged. Filing a petition ensures that your record reflects the full truth, not just part of the story.
Automatic relief is a significant update, but individual action still matters. With the right legal help, you can move forward with confidence, knowing your record isn’t holding you back.
Take Control of Your Record—And Your Future
Taking the time to pursue an expunction—especially with help from someone who understands the process—is more than worth it. The Second Chance Act in North Carolina was created for people who deserve the opportunity to move on without being weighed down by old mistakes.
Whether your case was dismissed, you were found not guilty, or you’ve stayed on the right path since a past conviction, the law may give you a way forward. But you don’t have to figure it out on your own. The Kurtz & Blum team is here to help and let you start from the beginning, giving you the chance to have the life you want.
Contact us today to find out if you qualify under the Second Chance Act. Your second chance could start with a single call.
