Am I Eligible for Expungement in North Carolina? Your Path to a Fresh Start

The background check. The criminal record that follows you everywhere, even though you’ve turned your life around. Like you, many North Carolinians carry criminal records that block opportunities for employment, housing, and rebuilding their lives.

But here’s what you should know: North Carolina’s Second Chance Act has opened doors that were previously locked seemingly forever.

At McMinn, Logan & Gray, we’ve seen firsthand how expungement in North Carolina can transform lives. Take a closer look at what the law says about it.

What is Expungement Law and How Does It Work in North Carolina?

Expungement removes criminal records from public view, giving you the legal right to deny that the arrest or conviction ever happened.

North Carolina uses both terms “expungement” and “expunction” interchangeably in its statutes.

When your record gets expunged:

• It disappears from background checks that employers, landlords, and licensing boards typically run
• You can honestly answer “no” when asked about criminal convictions on job applications or rental agreements
• The record becomes sealed from public access

The Second Chance Act dramatically expanded who can clear their records. This bipartisan legislation eliminated barriers that previously made expungement nearly impossible for most people.

Important limitation: Prosecutors and law enforcement retain access to expunged records for specific legal purposes. They can still consider these records when calculating sentences for future offenses or determining eligibility for certain programs.

Types of Convictions Eligible for Expungement in North Carolina

Felony Convictions

North Carolina allows expungement of certain non-violent felony convictions under specific conditions. You may be eligible to expunge one nonviolent felony conviction if you meet the following requirements:

• The conviction must be for a Class H or I felony only
• At least 10 years must pass after completing your entire sentence, including probation and post-release supervision
• You cannot have any other felony conviction on your record
• You cannot have any violent misdemeanor convictions

Recent changes (effective Dec. 1, 2020) now allow expungement of more than one nonviolent felony conviction if the offenses occurred before age 18. Or if two or three nonviolent felonies were sentenced on the same day, after a 20-year waiting period.

Misdemeanor Convictions

Non-violent misdemeanor convictions offer more expungement opportunities:

• Single Misdemeanor: You can petition to expunge one nonviolent misdemeanor conviction after five years of completing your sentence and probation.
• Multiple Misdemeanors: The Second Chance Act allows expungement of multiple nonviolent misdemeanor convictions after seven years of good behavior.

Traffic offenses generally don’t count toward your expungement limits, with important exceptions like DWI convictions, which can never be expunged in North Carolina.

Special Categories

Dismissed Charges and Not Guilty Verdicts: Beginning Dec. 1, 2021, certain dismissals and acquittals were to be automatically expunged by operation of law.

The process was paused starting Aug. 1, 2022. It was later resumed on July 8, 2024, under revised timing rules requiring expunction 180–210 days after final disposition.

Juvenile Records: Youth under 18 who were convicted of certain offenses may qualify under special juvenile expunction statutes. For 16- and 17-year-olds charged before “Raise the Age” (Dec. 1, 2019), relief is limited and depends on offense type.

North Carolina Expungement Eligibility Requirements and Waiting Periods

Meeting the basic conviction criteria is just the first step. North Carolina’s expungement law demands strict adherence to additional requirements:

• Clean Behavior During Waiting Periods: You cannot be convicted of any crime (except traffic violations) during the required waiting period. A new conviction resets the clock entirely.
• Complete Sentence Fulfillment: You must finish every aspect of your criminal sentence, including paying all fines, completing probation, and satisfying post-release supervision requirements.
• No Outstanding Restitution: Any restitution orders or civil judgments for restitution must be fully paid before you can petition for expungement.
• Current Legal Standing: You cannot have pending criminal charges (other than traffic tickets) when filing your expungement petition.

The specific waiting period depends on your conviction type:

• Nonviolent misdemeanor: 5 years from sentence completion
• Multiple nonviolent misdemeanors: 7 years from final sentence completion
• Nonviolent felony: 10 years from sentence completion
• Multiple nonviolent felonies: 20 years from most recent sentence completion

The waiting periods begin only after you’ve completely satisfied every aspect of your sentence, which means paying that last dollar of court costs and finishing that final day of probation.

Common Disqualifiers That Make You Never Eligible for Expungement

Certain convictions permanently disqualify you from expungement relief in North Carolina:

• Violent Crimes: Any conviction involving violence as an element eliminates your eligibility to expunge other offenses. This includes assaults, domestic violence, and similar charges.
• Class A through G Felonies: These serious felony convictions, including murder and other major crimes, can never be expunged.
• Sex Offenses: Crimes requiring registration as a sex offender remain permanently on your record, regardless of when they occurred.
• DWI Convictions: A 2015 amendment to North Carolina law made DWI convictions permanently ineligible for expungement. Dismissed DWI charges can still be expunged.
• Motor Vehicle Violations: Most traffic offenses under Chapter 20 cannot be expunged, with limited exceptions for certain non-moving violations.

Having any violent conviction on your record prevents you from expunging even non-violent offenses. This “violent felony bar” represents one of the most significant obstacles to expungement eligibility.

The North Carolina Expungement Process: Steps to Clear Your Criminal Record

Successfully expunging your criminal record requires careful navigation of North Carolina’s legal procedures:

1. Obtain Your Complete Criminal Record
2. Verify Eligibility
3. Prepare and File Petition
4. Serve Notice
5. Attend Hearing
6. Receive Court Order

There is a filing fee for most expungement petitions, though it is waived for dismissed charges and not guilty verdicts. If you cannot afford the fee, you can request a fee waiver by demonstrating indigency.

Find Your Second Chance at a Better Future

A criminal record doesn’t have to define the rest of your life. North Carolina’s Second Chance Act created new opportunities for people to move beyond past mistakes and rebuild their futures.

But these opportunities come with strict deadlines and complex eligibility requirements.

That’s why at McMinn, Logan & Gray, we’ve successfully helped countless North Carolinians clear their criminal records and reclaim their opportunities.

Contact McMinn, Logan & Gray today for a consultation. Let’s determine your expungement eligibility and begin your journey toward a clean record. Your second chance at a fresh start is waiting.