How to Get a Felony Expunged in North Carolina

In North Carolina, the process used for permanently destroying a criminal record is “expunction.” This term means essentially the same thing as the term “expungement,” which is used in many other states.

With expunction, a criminal record is destroyed permanently. No one can ever access the record again, not a court, not any government agency. Of course, there are some limited exceptions.For example, prosecutors may use expunged convictions as prior offenses if a defendant is convicted of another later offense. This might make the sentence imposed for the later conviction more severe.

This article deals with expunging a conviction in North Carolina. It also deals with the expunction of records of criminal offenses that have not ended in conviction, e.g., arrest records.

There are a number of complexities to expunction in North Carolina. A defendant would want to consult with an attorney if they are interested in felony expungement in that state.

In North Carolina law, the expunction of a criminal record restores the defendant to the status they had before they had a criminal record. A defendant whose record is expunged may deny that they were ever charged with or convicted of the criminal offense that is expunged.

Again, there are a few limited exceptions, including disclosures that must be made for the purposes of federal immigration enforcement.

For most criminal records, there is a waiting period for expungement. The expungement waiting period for both felonies and misdemeanors begins to run when the criminal case at issue is finally discharged or concluded. A criminal case has not ended until the defendant has served their entire sentence, e.g., completing the probation to which they were sentenced and/or paying any restitution or fine that they were ordered to pay.

Once a defendant has fully complied with all of the terms of their criminal sentence, the expungement waiting period begins to run. Many courts make note in the record of their proceedings the exact date on which a criminal sentence has been completed. This is when the expungement waiting period begins to run.

Waiting periods differ for different crimes and different resolutions. Some of the kinds of criminal records and their expungement waiting periods are as follows:

• Non-violent Felony Convictions: For a felony offense that is eligible for expungement because it did not involve violence, the record may be expunged after 10 years have passed since the conclusion of the case.
• Dismissal or Acquittal: A criminal case might be dismissed by the prosecution. If charges are dismissed, the expunction is automatic and occurs within 180 to 210 days of the dismissal.
• Misdemeanors Not Involving Violence: The waiting period for non-violent misdemeanors is 5 years.

What Factors Influence Felony Expungement?

One of the main factors that influences expungement is the nature of the conviction that is contained in the record. Some records of criminal offenses that are eligible for expunction are as follows:

• Up to three convictions of felonies that do not involve violence
• Misdemeanor convictions that do not involve violence
• A 1st conviction of certain offenses committed by a defendant between the ages of 18 and 22
• All convictions of certain offenses committed by a defendant before the age of 18 and before the date of December 1, 2019
• A conviction that was the result of being the victim of human trafficking.

Among the offenses that would not be eligible for expunction are the following:

• Most sexual offenses, such as rape or sexual battery
• Domestic violence offenses and other felonies that involve violence
• Certain traffic offenses, such as driving under the influence.

As noted above, another factor is whether the individual whose record it is has completed their sentence in full, if a sentence was imposed.

Criminal charges that are dismissed are subject to automatic expunction. Also, if a defendant is found not guilty of a criminal charge, the record may be subject to automatic expunction. Automatic expunctions occur from 180 to 210 days after the final disposition, e.g., a dismissal occurs.

Which Felonies Can Be Expunged?

Among the felonies that are eligible for expunction are the following:

• Up to three convictions of felonies that do not involve violence and are not classified as Class A through G in North Carolina
• A 1st conviction of certain offenses committed by a defendant when they are between the ages of 18 and 22
• All convictions of certain offenses committed by a defendant before the age of 18 and before the date of December 1, 2019.

Again, the laws regarding expunction in North Carolina are complicated, and a defendant would want to consult with a North Carolina attorney about their criminal record.

What Is the Procedure for Expunging a Felony?

For each offense, a defendant should complete an application in each court where there is a record of a case that is eligible for expungement.

A defendant wants to first obtain a copy of their criminal record, because it shows the convictions that a defendant has and may want to expunge. They also need to complete a petition for expungement, which can be obtained from the clerk of the North Carolina court in which they want to file their petition.

Some courts may require the submission of additional documents, such as character affidavits. This might be a legal requirement for obtaining an expungement. The clerk of the court in which a person seeks expungement should be able to tell an individual what the requirements for an expungement petition are.

Again, an individual wants to file their petition in the superior court in the county where the charge or conviction happened. They would probably need to pay a fee to file their petition.

If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?

A criminal record, including a felony record, that has been expunged is destroyed completely and cannot be accessed by anyone. Expungement is the end of a criminal record in North Carolina, although there are exceptions, as noted above.

Which Felonies Are Not Eligible for Expungement?

As noted above, among the felonies that are not eligible for expungement are the following:

• Class A through G Felonies: Felonies that are classified as Class A through Class G are not eligible for expunction. A range of violent crimes are classified as Class A through Class G in North Carolina. These are especially serious crimes such as murder, burglary, robbery, sale of certain controlled substances, arson, rape and other sex offenses, and identity theft.
• A1 Misdemeanors: Misdemeanors classified as Class A1 are also not eligible for expungement. These include crimes such as sexual battery, assaulting an officer, or assaulting a child under 12 years old.

Again, the issues can be technically complex, and a defendant may want to talk to a local North Carolina lawyer about what felonies can be expunged and when the waiting period ends.

Do I Need an Attorney for Help With Felony Expungement?

If you have a criminal record and would like to have it expunged so you can end the negative effects it may have on your life, you want to talk to a North Carolina expungement lawyer.

LegalMatch.com can connect you to a lawyer who can get your criminal record, review it, tell you if your felony records can be expunged, and guide you through the procedure for expungement.