What is an expunction?

An expunction is the destruction of a criminal record by a court order.

A criminal record is the public record of a person’s criminal offense history. In North Carolina, adult criminal records are permanent and public.

If you receive an expunction, you can truthfully state that the criminal proceeding you got expunged never occurred.

Note: “Expunctions” are sometimes called “expungements.” The two words mean exactly the same thing.

What can be expunged?

North Carolina law determines the types of offenses that can be expunged from your criminal record. North Carolina courts can only expunge criminal records involving violations of North Carolina state law. Our courts cannot expunge criminal records from other states or federal criminal records.

In general, you may be eligible for an expunction if any of the following are true:

• You have dismissed or not guilty charges. How do I get this kind of expunction?
  • There is no longer any waiting period or requirement that you have no felony convictions.
  • A hearing is not required, although the judge may request one.
  • There are no limits to how many times you can expunge dismissed charges.
  • The court must grant your expunction if you weren’t convicted of anything on the same day as any of your dismissals.
  • This only applies to offenses that happened before December 1, 2019.
  • Traffic offenses and sexual battery are excluded from this type of expunction.
  • You must have completed your sentence or probation
  • You can’t owe any restitution to get this type of expunction.
  • If you apply to expunge these convictions correctly, the court must grant you the expunction.
  • All convictions that happen at the same court date count as one conviction.
  • You can’t owe any restitution to get this type of expunction.
  • You cannot have any pending charges, other than traffic tickets.
  • The court must grant you this expunction if you apply for it correctly.
  • All convictions that happen at the same court date count as one conviction.
  • You can’t owe any restitution to get this type of expunction.
  • You cannot have any pending charges, other than traffic tickets.
  • The court must grant you this expunction if you apply for it correctly.
  • All convictions that happen at the same court date count as one conviction.
  • You can’t owe any restitution to get this type of expunction.
  • You cannot have any pending charges, other than traffic tickets.
  • A judge will decide whether or not to grant this type of expunction.
  • All convictions that happen at the same court date count as one conviction.
  • You can’t owe any restitution to get this type of expunction.
  • You cannot have any pending charges, other than traffic tickets.
  • A judge will decide whether or not to grant this type of expunction.

  How can I get help with my expunction?

  Legal Aid of North Carolina has several programs that can help qualified people to get expunctions. You can call our helpline at 1-866-219-5262 or apply online to get help preparing the paperwork you need to file your own expunction anywhere in the state. Durham County residents can apply for help through the DEAR Program on the 6 th floor of the Durham County courthouse. Intake hours are Monday through Wednesday, 10am-3pm.

  How can I file an expunction on my own?

  • Get a copy of your criminal record. Every courthouse has public computers you can use to see your entire background check. You can find your local courthouse here.
  • Fill out the correct court form for your type of expunction. Fill out one form for each county you have charges in. Do not include charges for more than one county per form.
    • Dismissed charges
    • Not guilty charges
    • Convictions for things that happened when you were 16 or 17
    • “Nonviolent” misdemeanor conviction(s)
    • “Nonviolent” felony conviction(s)
    • Fee waiver form: Sometimes the court charges a fee to file for an expunction. This can be up to $175. Fill out this form if you cannot afford to pay a fee.
    • Additional agencies/offenses: Use this form if you can’t fit all of your charges or arresting agencies that need to be notified on one page.
    • Affidavits: If you are expunging adult “nonviolent” misdemeanors and/or felonies, you must include three additional things.
      • A notarized statement signed by you that says the following things:
        • I am of good moral character.
        • The petition is a motion in the cause in the case wherein I was convicted.
        • I have not been convicted or any other felony or misdemeanor, other than a traffic violation, under the laws of the United States or the laws of the United States or the laws of this State or any other state during the applicable five-year, seven-year, 10-year, or 20-year waiting period set forth in G.S. 15A-145.5(c).
        • I have no outstanding restitution orders or civil judgements representing amounts ordered for restitution.
        • I acknowledge that except as provided in G.S. 15A-145.5(c), the expunction of one nonviolent misdemeanor prior to the seven-year waiting period or one nonviolent felony prior to the 20-year waiting period will preclude me from expunging additional nonviolent misdemeanors that might otherwise be eligible for expunction pursuant to G.S. 15A-145.5(c)(1)(b).
        • I have submitted, or intend to submit, petitions to expunge convictions in these other counties with these other file numbers. [Include only if you are filing for expunction in more than one county or court.]
        • Two notarized statements from people who are not related to you or each other saying your character and reputation are good.
        • The court forms for expunctions of any convictions must be signed by the District Attorney before you turn them in to the court.
        • The forms and additional materials go to either the criminal district or criminal superior clerk of court in each county you have charges in.
        • You can find the address for every courthouse in the state here.

        Common Terms

        Affidavit: A written statement made under oath; for expunctions, this term generally means a statement that is signed in front of a notary.

        Clerk of Court: Title of a person who is a court official

        Convictions: Charges that result from a guilty plea, a finding of guilt by a judge, or a jury returned a verdict of guilty

        Expunction: The removal of information from court records. “Expunctions” are sometimes called “expungements,” which means the exact same thing.

        Expunge: To remove information from court records. “Expunge” and “expunction” mean the exact same thing.

        Filing fee: The cost that the court charges for accepting documents.

        Indigent: A person who qualifies as low-income. If you are considered indigent, your filing fee may be waived.

        Petition: The name of the court form given to the clerk of court. A petition is a request

        The Central Intake Unit Expunction Team intakes clients, offers criminal record analysis, and drafts expunction petitions for pro se filing in all 100 North Carolina counties. The Expunction Team also partners with law schools and community groups from across the state to offer mass relief clinics and monthly educational presentations.

        The Wilmington Second Chance Project is a partnership between local government and community leaders to create and implement mass relief efforts and provide direct representation in expunction cases for New Hanover County residents. The Wilmington Second Chance Project also provides advice and assistance with driver’s license restoration