North Carolina: Adult Non-Conviction Arrests (NC-NC-1)

Records relating to felonies or misdemeanors can be expunged by the court upon dismissal or a finding of not guilty or not responsible, so long as the person has no prior felony conviction. N.C. Gen. Stat. § 15A-146.

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the court of the county where the charge was brought. For the specific procedure, see N.C. Gen. Stat. §§ 15A-146,15A-150 et seq.

Fees

None, unless the dismissal followed deferred a prosecution or conditional discharge, in which case the fee is $175, waivable for indigency. N.C. Gen. Stat. § 15A-146.

Effect

The person need not disclose arrest or court proceedings, except in the circumstances specified in N.C. Gen. Stat. section 15A-153(e).

Forms

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

Waiting Periods

The petition can be filed upon the dismissal or finding of not guilty or not responsible.

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