North Carolina: Adult Convictions (NC-C-11)

Records relating to a non-violent misdemeanor conviction, or more than one conviction in the same session of court, can be expunged five years after sentence completion, so long as the person has no other felony or misdemeanor convictions other than a traffic violation. N.C. Gen. Stat. § 15A-145.5.

Record Detail(s)

Misdemeanor

Previous Conviction Disqualifying

Yes, all

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

See 15A-145.5(a) for offenses ineligible for expungement.

Procedure General

The petition must be filed in the county of conviction. For specific procedure, see N.C. Gen. Stat. § 15A-145.5(c).

Fees

The $175 filing fee is waivable if petitioner is indigent. N.C. Gen. Stat. §§ 15A-145.5(g).

Effect

No person as to whom an order has been entered pursuant to subsection (c) of this section shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of that person's failure to recite or acknowledge the arrest, indictment, information, trial, or conviction. This subsection shall not apply to a sentencing hearing when the person has been convicted of a subsequent criminal offense. N.C. Gen. Stat. § 15A-145.5(d).

Forms

For more information on application to expunge a criminal record in North Carolina, see here.

Waiting Periods

The petition may be filed five years after the date of conviction or when any active sentence, period of probation, and post-release supervision has been served, whichever occurs later. N.C. Gen. Stat. § 15A-145.5(c).

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