Overview Description

Records relating to a first controlled substance or toxic vapors offense dismissed following successful completion of a conditional discharge may be expunged by the court if the person was not over 21 at the time of the offense. N.C. Gen. Stat. §§ 15A-145.2(a), 15A-145.3.

This provision applies only to certain drug offenses discharged and dismissed under sections 90-96(a) and (a1) or 90-113.14(a) or (a1).

The petition must be filed in the court that handled the case. For the specific procedure, see N.C. Gen. Stat. §§ 15A-145.2, 15A-145.3, 15A-150 et seq.

The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145.3(d).

The person need not disclose the arrest or court proceedings. N.C. Gen. Stat. §§ 15A-145.2(a)(3a), 145.3(3a).

For an application to expunge a record in North Carolina, visit here.

The petition can be filed after the proceedings are discharged and dismissed pursuant to a conditional discharge.