Hayes Mann Law

Expungements/Expunction

Expungements

The State of North Carolina allows for one expungement per lifetime per individual. You may be eligible for expungement in these circumstances, if:

  • The charge was dismissed, you were found not guilty, or there was no finding of probable cause and you simply want the charge erased from your record. As long as you have never used an expungement and have not been convicted of a felony, you may be eligible to have multiple charges removed provided that the dates of the offense happened within one year.
  • You have a conviction for a misdemeanor where the date of offense occurred before your 18th birthday, you have no other criminal record before or since that misdemeanor, and you have waited two years since the date of conviction or period of probation is over.
  • You have a conviction for a “non-violent” felony where the date of offense occurred before your 18th birthday, you have had no other criminal convictions before or since, and you have waited four years since the conviction or completion of probation, whichever occurs later. There are additional requirements under this statute.
  • You have a conviction for misdemeanor drug possession or paraphernalia, felony possession of certain drugs, or underage possession of alcohol; the charge occurred before your 21st birthday; and you have had no other criminal convictions on your record before or since. There are additional requirements under this statute.
  • You were ANY AGE on the date of offense, you were convicted of a “non-violent” felony or misdemeanor, you have had no other criminal convictions on your record before or since, and you have waited 15 years after the conviction or completion of probation, whichever occurs later. There are additional requirements under this statute.
  • The expungement process usually takes more than six months from the date of the filing of the petition with the clerk. If the applicant is seeking removal of any matter that was dismissed pursuant to a deferral program, or if it is a conviction you are seeking to remove, there is a $175 filing fee that must accompany the petition.