North Carolina: Adult Convictions (NC-C-9)

Records relating to certain gang-related felonies committed before age 18 can be expunged by the court two years after conviction or upon completion of probation, so long as the person has no other felony or misdemeanor conviction, other than a traffic violation. N.C. Gen. Stat. § 15A-145.1(a).

Record Detail(s)

Youthful offense

First offense

Felony

Previous Conviction Disqualifying

Yes, all

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

This provision applies only to Class H felony offenses under Article 13A of Chapter 14 or an enhanced offense under section 14-50.22. N.C. Gen. Stat. § 15A-145.1(a).

Procedure General

The petition must be filed in the court of conviction. For the specific procedure, see N.C. Gen. Stat. §§ 15A-145.1, 15A-150 et seq.

Fees

The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145.1(d).

Effect

The court shall order that such person be restored to the status occupied by the petitioner before such arrest or indictment or information, and that the record be expunged from the records of the court. N.C. Gen. Stat. § 15A-145.1(b).

Forms

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

Waiting Periods

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

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