North Carolina: Adult Convictions (NC-C-6)

Records relating to first offense of controlled substances, misdemeanor convictions, or possession of drug paraphernalia conviction committed before age 21 may be expunged one year after conviction, so long as the person has no other felony or misdemeanor conviction other than a traffic violation and has completed a drug education program. N.C. Gen. Stat. § 15A-145.3(c).

Record Detail(s)

Youthful offense

Misdemeanor

First offense

Drug offenses

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 offenses specified in N.C. Gen. Stat. section 15A-145.3(c).

Procedure General

The petition must be filed in the court of conviction. For the specific procedure, see N.C. Gen. Stat. §§ 15A-145.3(c), 15A-150 et seq.

Fees

The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145.3(d).

Effect

A conviction in which the judgment of conviction has been cancelled and the records expunged pursuant to this subsection shall not be thereafter deemed a conviction for purposes of this subsection or for purposes of disqualifications or liabilities imposed by law upon conviction of a crime, except as provided in G.S. 15A-151.5.Cancellation and expunction under this subsection may occur only once with respect to any person. N.C. Gen. Stat. § 15A-145.3(c).

Forms

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

Waiting Periods

The petition can be filed not sooner than 12 months after the conviction.

Back to North Carolina