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A dismissed criminal charge does not necessarily disappear from your record as soon as your case is over. The same can be true when you are found not guilty.
Even without a conviction, records associated with an arrest or criminal charge may remain accessible and could potentially appear during certain background checks. For someone trying to move forward after a criminal case, that record can create concerns involving employment, housing, education, or professional licensing.
Fortunately, North Carolina law allows many people to have certain criminal records expunged, also called "expunction." Some dismissed charges and not guilty findings may even qualify for automatic expunction.
However, North Carolina's expungement laws are complex, and eligibility depends on several factors, including how the case ended, the offense involved, the person's criminal history, and how much time has passed.
At Jetton & Meredith, our criminal defense attorneys help clients understand North Carolina expungement eligibility and determine what options may be available for clearing eligible criminal records.
What Is an Expungement in North Carolina?
An expungement, referred to as an "expunction" under North Carolina law, is a legal process that removes eligible criminal records from public court and certain government records.
Depending on the circumstances, an expunction may involve records associated with an arrest, criminal charge, dismissal, acquittal, or conviction.
An expunction can significantly limit public access to an eligible criminal record. However, it is important to understand that an expunction does not necessarily erase every trace of a case everywhere. Certain government agencies may retain or access information in limited circumstances, and information maintained by private background-check companies or websites may not disappear immediately.
Because different rules apply to different types of cases, determining whether a record is eligible for expunction requires looking closely at the specific charge and how the case was resolved.
Can a Criminal Conviction Be Expunged in North Carolina?
Certain convictions may qualify for expungement, but the requirements are different from those governing dismissed charges and acquittals.
North Carolina law allows some older "nonviolent" misdemeanor and felony convictions to be expunged if the person meets the applicable requirements.
Under current North Carolina law, the general waiting periods for certain eligible convictions include:
One nonviolent misdemeanor: Generally three years after the conviction or completion of any active sentence, probation, or post-release supervision, whichever occurs later.
More than one nonviolent misdemeanor: Generally seven years after the most recent conviction or completion of the applicable sentence, probation, or post-release supervision, whichever occurs later.
One nonviolent felony: Generally 10 years, although certain offenses have different waiting periods.
Two or three nonviolent felonies: Generally 20 years, subject to additional requirements.
Meeting the waiting period alone does not guarantee eligibility. A person's other convictions, pending charges, prior expunctions, restitution obligations, and the specific offense can all affect whether an expunction is available.
What Criminal Convictions Cannot Be Expunged in North Carolina?
Not every criminal conviction is eligible for expunction.
For purposes of North Carolina's statute governing certain older nonviolent convictions, several categories of offenses are excluded. These include certain higher-level felonies, Class A1 misdemeanors, offenses in which assault is an essential element, offenses requiring sex offender registration, certain sex-related and stalking offenses, certain drug felonies, impaired driving offenses, and other offenses specifically excluded by statute.
This distinction is important because the rules for expunging a conviction are different from the rules governing a dismissed charge or not guilty finding.
For example, the fact that a particular conviction is not eligible under the statute governing older nonviolent convictions does not necessarily mean that a dismissed charge involving the same offense could never be expunged.
An attorney can review the exact charge, disposition, date, and criminal history to determine which expunction statute, if any, may apply.
What Is the North Carolina Second Chance Act?
The North Carolina Second Chance Act was signed into law in 2020 and significantly expanded opportunities for people to clear certain criminal records.
Among other changes, the Second Chance Act expanded relief involving dismissed charges and acquittals, created a process for automatic expunction of certain non-conviction records, expanded opportunities involving certain older nonviolent convictions, and provided additional relief for certain offenses committed by people when they were younger.
Because the Second Chance Act did not make every criminal record eligible for expunction, it is important to evaluate each case individually.
What Are the Benefits of Expunging a Criminal Record?
A criminal record can continue to affect someone's life long after a case has ended. When a person qualifies, an expunction can help reduce some of those barriers.
Potential benefits may include:
Improved employment opportunities
Increased privacy
Fewer obstacles when applying for housing
Reduced concerns involving certain professional licenses
Fewer barriers involving educational opportunities
Greater peace of mind when moving forward
The specific effect of an expunction will depend on the person's circumstances and the type of record that was expunged.
How Do I Know If I Qualify for Expungement in NC?
North Carolina expungement eligibility depends on several factors. An attorney reviewing a potential expunction may consider:
Whether the charge resulted in a dismissal, acquittal, or conviction
The specific criminal offense
When the offense and disposition occurred
The person's prior criminal record
Whether the person has pending criminal charges
Whether the required waiting period has passed
Whether the person has received a previous expunction
Whether all applicable sentences, probation, and restitution requirements have been completed
Because North Carolina has multiple expunction statutes, two people with seemingly similar criminal records may have different options.
Why Legal Representation Matters for an NC Expungement
North Carolina's expungement laws contain detailed eligibility requirements, exceptions, waiting periods, and filing procedures. Determining which statute applies is often one of the most important parts of the process.
A North Carolina criminal defense attorney can review your criminal record, determine whether your charges or convictions may qualify, prepare the appropriate filings, and help you navigate the expunction process.
Even if you believe a charge should have been automatically expunged, an attorney can help determine whether the record remains publicly accessible and whether additional action may be necessary.
Talk to a Charlotte Expungement Attorney at Jetton & Meredith
A past criminal charge does not always have to follow you forever.
If you have a dismissed charge, were found not guilty, or have an older criminal conviction, you may have options for clearing eligible records under North Carolina law.
The Charlotte criminal defense attorneys at Jetton & Meredith can review your criminal history, explain your expungement eligibility, and help you determine the next steps.
Contact Jetton & Meredith today to schedule a consultation with our criminal defense team and learn whether your record may qualify for expungement in North Carolina.