Expungement
North Carolina
Expungement in North Carolina
An expungement is a process that seals or erases a charge or conviction from your record.
A resuest for an expungement is not just for someone wanting a felony or misdemeanor removed from their record. Expungements are also for people charged or arrested for a crime but ultimately never convicted. Even if not convicted, the charge will remain on your record. Consequently, employers may not hire you and landlords may not rent to you due to a charge, arrest, or conviction.
–Common Mistake
- Oftentimes the defendant is unaware the lasting impacts of a charge without a conviction. It doesn’t go away unless it’s expunged.
Examples of eligibility for expungement in North Carolina:
15 years after being convicted of a nonviolent misdemeanor or felony
Nonviolent felony convicted under the age of 18
Dismissed juvenile crimes
Misdemeanor possession of alcohol being under 21.
Identity theft (someone stole your identity and you were found not guilty)
What is exempt from expungement in North Carolina?
Felonies of Class A-G.
Weapons violations
Certain sex-related of stalking offenses
Offenses that contaminate food or drink making an individual incapable
If you have had a prior expungement
After being granted an expungement in North Carolina:
After a successful expungement, when asked on a school, job, or renters application whether you have been charged or convicted of a crime, you can legally say “No”. A general background check will generally not show activities expunged from your record. However, there will be certain government agencies that will be able to access your sealed records.