Anybody who faces criminal charges but avoids conviction for a criminal offense in North Carolina wants to expunge their criminal record to prevent possible damaging revelations occurring later, especially concerning employment applications. An expungement (or expunction as it is referred to in the North Carolina General Statutes) may be possible in some cases, but you will want the help of a Winston-Salem expungement lawyer to make this a reality.

Not all crimes are eligible for expungement, so you will want to be sure that you qualify before you expend any effort in seeking an expunction. Know that North Carolina has several laws relating to expunging criminal offenses.

Types of Cases Our Winston-Salem Expungement Lawyer Handles

North Carolina General Statutes dealing with expungement include:

• Expungement of records of juveniles alleged or adjudicated delinquent and undisciplined, North Carolina General Statute § 7B-3200 – This law states that any person who is now 18 years of age can file a petition in the court where they were adjudicated undisciplined for expunction of all records of that adjudication. The individual can file a petition in the court where they were adjudicated delinquent for expunction of all records of that adjudication provided that the crime for which the applicant was adjudicated was a crime other than a Class A, B1, B2, C, D, or E felony had it been committed by an adult, the individual has been released from juvenile court jurisdiction, and at least 18 months passed since the individual was released from juvenile court jurisdiction, and the individual has not been subsequently adjudicated delinquent or convicted as an adult of any misdemeanor or felony other than traffic violations under the laws of the United States or the laws of North Carolina or any other state.
• Expungement of records for first offenders under the age of 18 at the time of conviction of a misdemeanor, North Carolina General Statute § 15A-145 – An individual without a previous conviction for a misdemeanor or felony besides a traffic violation and who either pleads guilty to or is found guilty of a misdemeanor other than a traffic violation when the offense was committed before the person turned 18 years old, or pleads guilty to or is guilty of a misdemeanor possession of alcohol, and the offense was committed before the person attained 21 years of age can file a petition in the court for the county where they were convicted for expunction of the misdemeanor from their criminal record. A petition cannot be filed earlier than two years after the date of the conviction or the completion of probation, whichever occurs later.
• Expungement of records for first offenders under the age of 18 at the time of conviction of certain gang offenses, North Carolina General Statute § 15A-145.1 – An individual with no previous conviction for any misdemeanor or felony other than a traffic violation and pleads guilty to or is found guilty of a Class H felony under Article 13A of Chapter 14 of the North Carolina General Statutes or an enhanced offense under North Carolina General Statute § 14-50.22, or was discharged and had proceedings against them dismissed pursuant to North Carolina General Statute § 14-50.29, and an offense was committed before the person reached 18 years of age, the person is allowed to file a petition for expunction of the offense from their criminal record. Except as provided in North Carolina General Statute § 14-50.29 upon discharge and dismissal, a petition will not be able to be filed earlier than two years after the date of the conviction or the completion of any probation, whichever occurs later.
• Expungement of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses, North Carolina General Statute § 15A-145.2 – Whenever an individual is discharged, and proceedings against them are dismissed pursuant to North Carolina General Statute § 90-96(a) or (a1), and they were not more than 21 years of age at the time of the offense, the person can apply for an order to expunge from all official records, other than the confidential files retained under North Carolina General Statute § 15A-151.
• Expungement of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapors offenses, North Carolina General Statute § 15A-145.3 – Whenever an individual is discharged, and proceedings against them are dismissed under North Carolina General Statute § 90-113.14(a) or (a1), they, if they were not more than 21 years of age at the time of the offense, can apply for an order to expunge from all official records, other than the confidential files retained under North Carolina General Statute § 15A-151.
• Expungement of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony, North Carolina General Statute § 15A-145.4 – For purposes of this statute, the phrase nonviolent felony is defined as any felony except for a Class A through G felony; a felony that includes assault as an essential element of the offense; a felony that is an offense that requires registration in accordance with Article 27A of Chapter 14 of the General Statutes, regardless of whether or not the person is currently required to register; any felony offense under the following sex-related or stalking offenses: North Carolina General Statute § 14-27.25(b), North Carolina General Statute § 14-27.30(b), North Carolina General Statute § 14-190.7, North Carolina General Statute § 14-190.8, North Carolina General Statute § 14-202, North Carolina General Statute § 14-208.11A, North Carolina General Statute § 14-208.18, North Carolina General Statute § 14-277.3, North Carolina General Statute § 14-277.3A, North Carolina General Statute § 14-321.1; any felony offense in Chapter 90 of the General Statutes where the crime involves heroin, methamphetamines, or possession with intent to sell or deliver or sell and deliver cocaine; except that when a prayer for judgment continued was entered for an crime classified as either a Class G, H, or I felony, the prayer for judgment continued will be subject to expunction under the procedures in this section; a felony offense under North Carolina General Statute § 14-12.12(b), North Carolina General Statute § 14-12.13, or North Carolina General Statute § 14-12.14, or any felony offense for which punishment was determined pursuant to North Carolina General Statute § 14-3(c); a felony offense under North Carolina General Statute § 14-401.16; any felony involving the use of a commercial motor in the commission of an offense; any felony involving impaired driving. Whenever an individual who had not yet attained 18 years of age at the time of the commission of an offense and was not previously convicted of a misdemeanor or felony other than a traffic violation pleads guilty to or is guilty of a nonviolent felony, the person can file a for expunction of the nonviolent felony from their criminal record. A petition cannot be filed earlier than four years after the date of a conviction or when any period of probation, active sentence, and post-release supervision has been served, whichever occurs later. The person must also perform at least 100 hours of community service before filing a petition for expunction under this section.
• Expungement of certain misdemeanors and felonies; no age limitation, North Carolina General Statute § 15A-145.5 – A person is allowed to file a petition for expungement of one or more nonviolent misdemeanor convictions, but the petition cannot be filed earlier than one of the following: When it comes to the expungement of a single nonviolent misdemeanor, five years after the date of a conviction or whenever any period of probation, active sentence, or post-release supervision is finally served, whichever occurs later; When it relates to expungement of more than one nonviolent misdemeanor, seven years after the date of the last conviction, other than a traffic offense that is not listed within a petition for expungement, or seven years after any active sentence, period of probation, or post-release supervision has been served, whichever occurs later. For expungement of as many as three nonviolent felony convictions, a petition cannot be filed earlier than one of the following: When it relates to expunction of a single nonviolent felony, it will be ten years after the date of the conviction or ten years after any period of probation, active sentence, or post-release supervision, related to a conviction listed in a petition, has been served, whichever occurs later; For expunction of two to three nonviolent felonies, it will be 20 years after the date of the person’s most recent conviction listed on the petition, or 20 years after any period of probation, active sentence, or post-release supervision that is related to a conviction listed in the petition, has been served, whichever occurs later.
• Expungements for certain defendants convicted of prostitution, North Carolina General Statute § 15A-145.6 – A person convicted of a prostitution offense can file a petition for expunction of a prostitution offense from their criminal record provided that all the following criteria are met: The individual was not previously convicted of a violent misdemeanor or violent felony; The person satisfies any one of the following criteria: They have no prior convictions for any prostitution crime and a minimum of three years have passed since the date they were convicted or the completion of any period of probation, active sentence, and post-release supervision, whichever occurs later; The person was discharged, and the charge was dismissed upon completion of a conditional discharge under North Carolina General Statute § 14-204(b).
• Expungement of records for first offenders under 20 years of age at the time of the offense of certain offenses, North Carolina General Statute § 15A-145.7 – When an individual is discharged, and proceedings against them are dismissed, and the individual was less than 20 years of age at the time of an offense, the person can apply for an order to expunge from all official records, other than confidential files, all recordation relating to their arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section.
  Expungement of records when charges are remanded to the district court for juvenile adjudication, North Carolina General Statute § 15A-145.8 – Upon remand pursuant to North Carolina General Statute § 7B-2200.5(d), a court can order expungement of all remanded charges.
• Expungement of records when charges are remanded to the district court for juvenile adjudication, North Carolina General Statute § 15A-145.8A – A person, the district attorney, or an attorney at the request of an individual eligible for expungement, can file, in the court of the county where the person was convicted, a petition for expungement from their criminal record of any misdemeanor or Class H or I felony that is not excluded by subsection (b) of this law provided the offense was committed before December 1, 2019, and while the individual was under 18 years of age, but at least 16 years of age. A petition cannot be filed until any period of probation, active sentence, and post-release supervision ordered for an offense has been served, and the individual has no restitution orders for the offense at issue or outstanding civil judgments that represent amounts ordered for restitution for the offense. A crime will not be eligible for expungement when it is a violation of state motor vehicle laws, including any crime involving impaired driving or an offense that requires registration in accordance with Article 27A of Chapter 14 of the General Statutes, regardless of whether the person is still currently required to register.
• Expungements of certain offenses committed by human trafficking victims, North Carolina General Statute § 15A-145.9 – A person convicted of a nonviolent offense can file a petition for expungement of a nonviolent offense from their criminal record if the court finds that the individual was deceived or coerced into committing the offense as a direct result of having been a trafficking victim.
• Expungement of records when charges are dismissed, or there are findings of not guilty, North Carolina General Statute § 15A-146 – When any person is charged with a criminal offense, either a misdemeanor or a felony, or has been charged with an infraction prior to December 1, 1999, and the charge ends up being dismissed, that individual or the district attorney can petition the court for an order to expunge from every official record any entries relating to their apprehension or trial. When a person has been charged with multiple offenses and any charges are dismissed, then they or the district attorney can petition to have each of the dismissed charges expunged.
• Expungement of records when charges are dismissed, or there are findings of not guilty as a result of identity theft or mistaken identity, North Carolina General Statute § 15A-147 – When an individual has been named in a charge for either an infraction or a crime, whether it is a misdemeanor or a felony, because of another person using the mistaken identity or identifying information of the named person and a finding of not guilty ends up being entered, or a conviction is set aside, the named individual is allowed to petition the court in which the charge was last pending on a certain form that is approved by the Administrative Office of the Courts and supplied by a clerk of court for an order to expunge any entries relating to the person’s apprehension, charge, or trial from all official records.
• Expungement of DNA records when charges are dismissed on appeal or pardon of innocence is granted, North Carolina General Statute § 15A-148 – Upon a motion following the issuance of a final order by an appellate court that reverses and dismisses a conviction for an offense in which a DNA analysis was completed, or upon receipt of a pardon of innocence with respect to such an offense, the court will issue an order of expungement of the DNA record and samples.
• Expungement of records when charges are remanded to the district court for juvenile adjudication, North Carolina General Statute § 15A-145.8A – A person, the district attorney, or an attorney at the request of an individual eligible for expungement, can file, in the court of the county where the person was convicted, a petition for expungement from their criminal record of any misdemeanor or Class H or I felony that is not excluded by subsection (b) of this law provided the offense was committed before December 1, 2019, and while the individual was under 18 years of age, but at least 16 years of age. A petition cannot be filed until any period of probation, active sentence, and post-release supervision ordered for an offense has been served, and the individual has no restitution orders for the offense at issue or outstanding civil judgments that represent amounts ordered for restitution for the offense. A crime will not be eligible for expungement when it is a violation of state motor vehicle laws, including any crime involving impaired driving or an offense that requires registration, regardless of whether the person is still currently required to register.
• Expungement of records when pardon of innocence is granted, North Carolina General Statute § 15A-149 – When an individual has been convicted of a criminal offense and ultimately receives a pardon of innocence, they can petition the court in which they were convicted on a form that is approved by the Administrative Office of the Courts and is supplied by the clerk of court for an order to expunge any entries relating to the person’s apprehension, charge, or trial from all official records.

Possible Criminal Penalties in Winston-Salem

Before there can be an expungement, there may be a criminal sentence. Misdemeanors and felonies have different sentencing guidelines in North Carolina.

The three types of possible penalties for misdemeanor convictions include:

• Active punishment – A jail sentence the alleged offender serves in a local or state jail or another confinement facility.
• Intermediate punishment – An intermediate punishment may involve a judge sentencing the alleged offender to supervised probation with possible house arrest provisions, electronic monitoring, drug treatment court, and brief periods of time in a jail or other confinement facility.
• Community punishment – Community punishment usually forgoes all jail time and instead involves a fine, probation, and/or community service.

Sentences in North Carolina are also based on prior conviction levels, with the three levels being:

• Level I – No previous convictions.
• Level II – One to four previous convictions.
• Level III – Five or more previous convictions.

After a judge reviews an alleged offender’s prior convictions, sentences can include:

• Class 3 misdemeanors – Up to 30 days of active, intermediate, or community punishment and a $200 fine.
• Class 2 misdemeanors – Up to 60 days of active, intermediate, or community punishment and a $1,000 fine.
• Class 1 misdemeanors – Up to 120 days of active, intermediate, or community punishment and a fine with no statutory maximum that is at the judge’s discretion.
• Class A1 misdemeanors – Up to 150 days of active, intermediate, or community punishment and a fine with no statutory maximum that is at the judge’s discretion.

When it comes to a felony, a court must determine an alleged offender’s prior criminal record level. Every prior conviction gets points as follows:

• Every prior Class A felony conviction – 10 points
• Every prior Class BI felony conviction – 9 points
• Every prior Class B2, C, or D felony conviction – 6 points
• Every prior Class E, F, or G felony conviction – 4 points
• Every prior Class H or I felony conviction – 2 points
• Every prior misdemeanor conviction – 1 point

Record levels are then determined as follows:

• Level I – 0 to 1 point
• Level II – 2 to 5 points
• Level III – 6 to 9 points
• Level IV – 10 to 13 points
• Level V – 14 to 17 points
• Level VI – 18 or more points

The court can then either sentence an alleged offender within a presumptive range, aggravated range, or mitigated range. Felonies can result in the following prison sentences (fines are at a judge’s discretion):

• Class I felony – Up to 12 months
• Class H felony – Up to 25 months
• Class G felony – Up to 31 months
• Class F felony – Up to 41 months
• Class E felony – Up to 63 months
• Class D felony – Up to 160 months
• Class C felony – Up to 182 months
• Class B2 felony – Up to 393 months
• Class B1 felony – Up to life without parole
• Class A felony – Up to death or life with or without parole

Imprisonment and fines are the obvious consequences, but there can be other consequences to both misdemeanor and felony convictions in North Carolina. A lawful permanent resident (LPR) or “green card holder” may see negative impacts on their immigration status, but even United States citizens can still have to deal with the loss of a professional license, possible termination of child custody rights, and forfeiture of their gun rights.

Aggravating and Mitigating Factors

Misdemeanors and felonies can both involve mitigating or aggravating factors that might impact the possible ability to secure an expungement. Aggravated and mitigated sentences are established under North Carolina General Statute § 15A-1340.16, and mitigating factors include:

• The alleged offender committed the alleged offense under coercion, duress, threat, or compulsion that was not sufficient to constitute a defense but significantly reduced culpability.
• The alleged offender was a passive participant or played a minor role in the commission of the alleged offense.
• The alleged offender was suffering from a mental or physical condition that was insufficient to constitute a defense but significantly reduced the alleged offender’s culpability for the alleged offense.
• The alleged offender’s age, immaturity, or limited mental capacity at the time of commission of the alleged offense significantly reduced the alleged offender’s culpability for the alleged offense.
• The alleged offender made substantial or full restitution to the alleged victim.
• The alleged victim was more than 16 years of age and was a voluntary participant in the alleged offender’s conduct or consented to it.
• The alleged offender assisted in the apprehension of another felon or testified truthfully on behalf of the prosecution in another felony prosecution.
• The alleged offender acted under strong provocation, or the relationship between the alleged offender and the alleged victim was otherwise extenuating.
• The alleged offender could not reasonably foresee that the alleged offender’s conduct would cause or threaten serious bodily harm or fear, or the alleged offender exercised caution to avoid such consequences.
• The alleged offender reasonably believed that the alleged offender’s conduct was legal.
• Prior to an arrest or at an early stage of the criminal process, the alleged offender voluntarily acknowledged wrongdoing in connection with the alleged offense to a law enforcement officer.
• The alleged offender has been a person of good character or has had a good reputation in the community in which the alleged offender lives.
• The alleged offender is a minor and has reliable supervision available.
• The alleged offender has been honorably discharged from the Armed Forces of the United States.
• The alleged offender has accepted responsibility for the alleged offender’s criminal conduct.
• The alleged offender entered and is currently involved in or successfully completed a drug treatment or alcohol treatment program following the arrest and prior to trial.
• The alleged offender supports the alleged offender’s family.
• The alleged offender has a support system in the community.
• The alleged offender has a positive employment history or is gainfully employed.
• The alleged offender has a good treatment prognosis, and a workable treatment plan is available.
• Any other mitigating factor that is reasonably related to the purposes of sentences.

Aggravating factors include:

• The alleged offender induced others to participate in the commission of the alleged offense or had a position of leadership relating to other participants.
• The alleged offender joined with more than one other person in committing the alleged offense and was not charged with committing a conspiracy.
• The commission of the alleged offense was for the benefit of, or at the direction of, a criminal gang as defined by North Carolina General Statute § 14-50.16A(1), with intent to either further, promote, or assist in criminal conduct by gang members, and the alleged offender was not charged with committing a conspiracy.
• The alleged offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.
• The alleged offender was hired or paid to commit the alleged offense.
• The alleged offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.
• The alleged offense was committed against or caused serious injury to a present or former Division of Adult Correction and Juvenile Justice of the Department of Public Safety employee, law enforcement officer, jailer, emergency medical technician, fireman, ambulance attendant, social worker, justice or judge, clerk or assistant or deputy clerk of court, magistrate, juror, prosecutor, or witness against the alleged offender, while they were engaged in the performance of official duties or because of the exercise of their official duties.
• The alleged offense was committed against or proximately caused serious harm as defined in North Carolina General Statute § 14-163.1 or death to a law enforcement agency animal, assistance animal, or search and rescue animal as defined in North Carolina General Statute § 14-163.1, while engaged in the performance of the animal’s official duties.
  The alleged offense was especially heinous, atrocious, or cruel.
• The alleged offender knowingly created a considerable risk of death to more than a single person by means of a weapon or device that would normally be hazardous to the lives of more than one person.
• The alleged offender held public elected or appointed office or public employment at the time of the alleged offense, and the alleged offense was directly related to the conduct of the office or employment.
• The alleged offender is a firefighter or rescue squad worker, and the alleged offense is directly related to their service as a firefighter or rescue squad worker.
• The alleged offender either was armed with or used a deadly weapon at the time of the alleged crime.
• The alleged victim was very young, very old, mentally or physically infirm, or handicapped.
• The alleged offender committed the alleged offense while on pretrial release on another charge.
• The alleged offender has, during the 10-year period prior to the commission of the most recent alleged offense, been found by a court to be in willful violation of conditions of probation that were imposed pursuant to a suspended sentence or was found by the Post-Release Supervision and Parole Commission to be in willful violation of a condition of parole or post-release supervision imposed pursuant to their release from incarceration.
• The alleged offender involved a person under the age of 16 in the commission of the crime.
• The alleged offender committed the alleged offense and either knew or reasonably should have known that a person under 18 years of age who was not involved in the commission of the alleged offense was in a position to see or hear the alleged offense.
• The alleged offense involved an attempted or actual taking of property of great monetary value or damage causing great monetary loss, or the alleged offense involved an unusually large quantity of contraband.
• The alleged offender took advantage of a position of trust or confidence, including a domestic relationship, to commit the alleged offense.
• The alleged offense involved the sale or delivery of a controlled substance to a minor.
• The alleged offense involved the manufacture of methamphetamine and was committed where a person under 18 years of age lives, was present or was otherwise endangered by exposure to the drug, its ingredients, its by-products, or its waste.
• The alleged offense is the manufacture of methamphetamine and was committed in a dwelling that is one of four or more contiguous dwellings.
• The alleged offense for which the alleged offender stands convicted was committed against an alleged victim because of the alleged victim’s race, color, religion, nationality, or country of origin.
• The alleged offender does not support the alleged offender’s family.
• The alleged offender has previously been adjudicated delinquent for an alleged offense that would be either a Class A, B1, B2, C, D, or E felony had it been committed by an adult.
• The serious injury inflicted upon the alleged victim is permanent and debilitating.
• The alleged offense is a violation of North Carolina General Statute § 14-43.11 (human trafficking), North Carolina General Statute § 14-43.12 (involuntary servitude), or North Carolina General Statute § 14-43.13 (sexual servitude) and involved multiple alleged victims.
• The alleged offense is a violation of North Carolina General Statute § 14-43.11 (human trafficking), North Carolina General Statute § 14-43.12 (involuntary servitude), or North Carolina General Statute § 14-43.13 (sexual servitude), and the alleged victim suffered serious injury as a result of the alleged offense.
• Any other aggravating factor that is reasonably related to the purposes of sentencing.

Winston-Salem Courts

Keeping in mind that a person will typically have to file their expungement request with the court that originally handles their case, the most common court for criminal proceedings in Winston-Salem is the district court that hears misdemeanors and infractions and the superior court that handles felony cases. Both the district and superior courthouse are in the Forsyth County Courthouse, located at:

200 N Main St.
Winston Salem, NC 27101
(336) 779-6300

Forsyth County is District 22, but other nearby courts include:

District 22b Davidson County District Court Thomasville
22 Randolph Street
Thomasville, NC 27360
(336) 474-3185

District 18 Guilford County District Court High Point
505 East Green Drive
High Point, NC 27262
(336) 801-5252