North Carolina: Adult Diversion/Deferral Program (NC-D-1)

Records relating to a person discharged with a first controlled substance offense or felony and the proceedings against the person were dismissed may be expunged by the court if the person was not over 21 at the time of the offense. N.C. Gen. Stat. §§ 15A-145.2(a), N.C. Gen. Stat. § 90-96.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

This provision applies only to certain drug offenses discharged and dismissed under section 90-96(a).

Procedure General

The petition must be filed in the court that handled the case. For the specific procedure, see N.C. Gen. Stat. §§ 15A-145.2, 15A-145.3, 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

The expungement shall restore a person to the status the person occupied before such arrest or indictment or information. N.C. Gen. Stat. § 15A-145.2(a).

Forms

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

Waiting Periods

The petition can be filed after the proceedings are discharged and dismissed pursuant to a conditional discharge.

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