North Carolina: Juvenile Court Records and Law Enforcement Records (NC-AR-3)

Records relating to any misdemeanor or Class H or I felonies committed prior to December 1, 2019, and while the person was less than 18 years of age, but at least 16 years of age, may be expunged by the court after completion of sentence and restitution. N.C. Gen. Stat. § 15A-145.8A(a).

Record Detail(s)

Misdemeanor (adjudicated)

Felony (adjudicated)

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

Ineligible offenses include Chapter 20 of the General Statutes, including any offense involving impaired driving as defined in G.S. 20-4.01(24a) or (ii) an offense requiring registration pursuant to Article 27A of Chapter 14 of the General Statutes, whether or not the person is currently required to register. N.C. Gen. Stat. § 15A-145.8A.

Procedure General

The petition shall be filed with the clerk of superior court in the county where the person was convicted. N.C. Gen. Stat. § 15A-145.8A(e).

Fees

The $175 filing fee is waivable if petitioner is indigent. N.C. Gen. Stat. § 15A-145.8A(g)

Effect

The court shall order that the person be restored to the status the person occupied before such arrest or indictment or information, and that the record be expunged from the records of the court. A person convicted of multiple offenses shall be eligible to have those convictions expunged pursuant to this section. N.C. Gen. Stat. § 15A-145.8A(d).

Forms

There is no statutory language regarding forms.

Waiting Periods

There is no waiting period.

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