Overview Description

Records relating to a first conviction for an alcohol possession misdemeanor committed before age 21 may be expunged by the court two years after sentence completion, so long as the person has no other felony or misdemeanor conviction other than a traffic violation. N.C. Gen. Stat. § 15A-145.

Ineligible Category or Citation

This provision applies only to first-offense possession of alcohol misdemeanor convictions under section 18B-302(b)(1) committed before the person turned 21.

Procedure General

The petition must be filed in the court of conviction. For the specific procedure, see N.C. Gen. Stat. §§ 15A-145, 15A-150 et seq.

Fees

The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145(e).

Effect

The person need not disclose the arrest or court proceedings. N.C. Gen. Stat. § 15A-145(b).

Forms

Waiting Periods

The petition can be filed two years after the date of conviction or completion of any period of probation, whichever is later.

(non-prod server)