North Carolina: Adult Convictions (NC-C-4)

Records relating to an alcohol possession misdemeanor committed before age 21 may be expunged by the court two years after sentence completion, so long as the person has no other felony or misdemeanor conviction other than a traffic violation and it is a first conviction. N.C. Gen. Stat. § 15A-145.

Record Detail(s)

Youthful offense

Misdemeanor

First offense

Previous Conviction Disqualifying

Yes, all

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

This provision applies only to first-offense possession of alcohol misdemeanor convictions under Section 8B-302(b)(1) committed before the person turned 21.

Procedure General

The petition must be filed in the court of conviction. For the specific procedure, see N.C. Gen. Stat. §§ 15A-145, 15A-150 et seq.

Fees

The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145(e).

Effect

No person as to whom such order has been entered shall be held thereafter under any provision of any laws to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge such arrest, or indictment, information, or trial, or response to any inquiry made of him for any purpose. N.C. Gen. Stat. §15A-145(b1).

Forms

Forms are available here.

Waiting Periods

The petition can be filed two years after the date of conviction or completion of any period of probation, whichever is later.

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