Expunctions

Is your criminal record holding you back from landing a job, being accepted into school, or moving forward in life? Even if your case was dismissed or you were found not guilty, your record may still appear on background checks-visible to employers, colleges, landlords, and others.  Fortunately, North Carolina’s expunction laws may offer a second chance. If you qualify, an expunction can permanently erase a past charge or conviction, allowing you to legally state that you,ve never been charged or convicted of a crime. 

What is an Expunction?

In North Carolina, an expunction (also known as “expungement”) is the legal process of destroying a criminal record. It restores your status to what it was before the record existed, as though the charge or conviction never occurred.  

To get an expunction, a Petition for Expunction must be filed with the Court. There are different kinds of petitions for different kinds of expunctions. 

Eligibility depends on how the case was resolved, the specific crime, how much time has passed since the case was resolved, and what has happened since the case was resolved. 

Collateral Consequences of Criminal Charges and Convictions

The damage a criminal charge can have on your personal life can extend beyond the case itself. A misdemeanor or felony charge or conviction can continue to affect your life in many ways, including: 

• Public Records. Because we have electronic filing, all court cases in Wake County are available to anyone with internet access, even after they have been dismissed. Additionally, if your mugshot was taken, it will likely come up anytime someone googles your name.  

• Background Checks. Convictions, and even criminal charges, can show up on background checks. This can make it difficult to get a job or a security clearance. 

• Voting Rights. North Carolina permits voting after your sentence has been served, but felony convictions may make you ineligible to vote should you ever move outside of the state or should the laws change.  

• Firearms. Felony and certain misdemeanor convictions can make you ineligible to purchase or possess a firearm, even for the purposes of home defense. Possessing a firearm can lead to further criminal charges, such as Possession of Firearm by a Felon (which is a felony itself and can lead to fines and jail time). 

• Military Service. Felonies, and even some misdemeanors, can keep you from being able to enlist or commission in the U.S. military.  

• Public Benefits. Felony convictions may cause you to face restrictions on access to things like food stamps, social security, and public housing programs. Expungement may restore eligibility.  

• Loans. Having a felony on your record can make it difficult or impossible to obtain student loans, mortgage loans, business loans, and other financial services. 

• Immigration Status. Criminal charges and convictions can jeopardize your immigration status, leading to deportation proceedings or preventing you from becoming a citizen.  

Who Qualifies for an Expunction?

There are several types of expunctions depending on your case, age at the time of the offense, and how much time has passed. You may be eligible to expunge: 

• A charge that was dismissed or for which you were found “not guilty” 
• A misdemeanor conviction for your first offense committed before you turned 18  
• A nonviolent felony conviction for an offense committed before you turned 18  
• Certain drug offense convictions if you were under age 21 and have completed a drug education program and stayed out of further trouble 
• Certain nonviolent misdemeanor or felony convictions, regardless of your age 

“Nonviolent misdemeanor” or “nonviolent felony” means a Class H or Class I felony, and a Class 1, Class 2, or Class 3 misdemeanor. It excludes certain kinds of offenses, most commonly offenses that require the State to prove you assaulted someone, or cases involving impaired driving.  

When Can You Expunge Your Criminal Record?

• Nonviolent Misdemeanor: At least 5 years after the date of conviction. 

• Nonviolent Felony: At least 10 years after the date of conviction. 

• Dismissed or Not Guilty Cases: No waiting period-you may file immediately or wait for the automatic expunction process, which can take several months. Please note that cases dismissed prior to July 2024 were not automatically expunged. 

Take the First Step Toward a Clean Slate

At Tharrington Smith, we understand the devastating impact a criminal record can have on your life. Even if you,re unsure about your eligibility for an expunction, it’s important to speak with a Tharrington Smith criminal attorney. During your consultation, we can help determine which remedies may be available to you. Don’t wait-call our experienced Raleigh criminal attorneys today to protect your reputation and begin rebuilding your life with confidence.

Disclaimer: The information in this blog post serves is for informational purposes only and should not constitute legal advice. Expunction laws in North Carolina are specific and depend on your case details, offense type, and how it was resolved. For legal advice tailored to your situation, please reach out to our attorneys at Tharrington Smith.

© Tharrington Smith, LLP