Overview Description

Records relating to a non-violent misdemeanor conviction, or more than one conviction in the same session of court, can be expunged five years after sentence completion, so long as the person has no other felony or misdemeanor convictions other than a traffic violation. N.C. Gen. Stat. § 15A-145.5.

Ineligible Category or Citation

See section 15A-145.5(a) for offenses ineligible for expungement.

Procedure General

The petition must be filed in the county of conviction. For specific procedure, see N.C. Gen. Stat. §§ 15A-145.5, 15A-150 et seq.

Fees

The $175 filing fee is waivable if petitioner is indigent. N.C. Gen. Stat. §§ 15A-145.5(g).

Effect

The person need not disclose arrest or court proceedings, except in the circumstances specified in section 15A-145.5(d). As of June 1, 2018 prosecutors in North Carolina will have access to expunged records in the event of subsequent prosecution. N.C. Gen. Stat. §15A-151.5.

Forms

http://www.nccourts.org/Forms/Documents/1388.pdf

Waiting Periods

The petition may be filed five years after the date of conviction or when any active sentence, period of probation, and post-release supervision has been served, whichever occurs later. N.C. Gen. Stat. § 15A-145.5(c).

(non-prod server)