North Carolina: Adult Convictions (NC-C-5)

Records relating to certain first offense misdemeanor and felony controlled substance offenses committed when the person was not over 21 can be expunged by the court one year after conviction, so long as the person has no prior felony or misdemeanor conviction, other than a traffic violation. N.C. Gen. Stat. § 15A-145.2(c).

Record Detail(s)

Youthful offense

Misdemeanor

First offense

Felony

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

This provision applies only to first-offender convictions under Article 5 of Chapter 90 of the General Statutes of possessing a controlled substance included within Schedules I through VI of Chapter 90, possession of drug paraphernalia as prohibited by section 90-113.22, and felonies under section 90-95(a)(3). N.C. Gen. Stat. § 15A-145.2(c).

Procedure General

The petition must be filed in the court of conviction. For the specific procedure, see N.C. Gen. Stat. §§ 15A-145.2(c), 15A-150 et seq.

Fees

The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145.2(d).

Effect

If the court grants the petition, the conviction is canceled and the records of arrest and court proceedings are expunged. The person need not disclose the arrest or court proceedings. N.C. Gen. Stat. § 15A-145.2(c).

Forms

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

Waiting Periods

The petition can be filed 12 months after the conviction.

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