Which Criminal Records Eligible for Expungement? 

Not every arrest or criminal conviction can be expunged in North Carolina, and the rules aren’t necessarily what you would expect. For instance, some felony convictions can be expunged, but a misdemeanor DWI conviction cannot. In some cases, an arrest or charge may be expunged if the defendant wasn’t convicted, even if a conviction would not have been eligible for expungement. 

 

For those who do qualify, waiting periods vary depending on the seriousness of the crime, the nature of the crime, and, in some cases, the age of the defendant at the time the crime was committed. With so many variables in play, the best source of information about whether you may be eligible for expungement of an arrest, a criminal charge, or a conviction is to consult a North Carolina expungement attorney. 

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The North Carolina Expungement Process 

The expungement process begins with a petition to the appropriate court. The exact format of the petition and the information you must provide may vary depending on the court and the type of expungement you are pursuing. The petition must also be supported by affidavits attesting to your character. You must serve a copy of the petition on the prosecuting attorney, who may or may not object. What happens next and how long the process takes depends in part on the position the prosecuting attorney takes. The case may or may not go to the State Bureau of Investigation (SBI) for a search of criminal records, a process that can take months to complete.

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Expungement can solve many of the problems associated with a criminal conviction. For example, if your criminal record has been expunged, it no longer counts for most purposes. That means you usually don’t have to disclose the arrest or conviction on a job application. The same is true for most other types of forms and applications, such as a rental application. 

 

But, the process can be complicated, and leaving something out or making a mistake can mean delays, or even denial of the petition. That’s why it’s best to consult an experienced expungement attorney before you attempt to clear your criminal record. 

 

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Frequently Asked Questions about North Carolina Expungements

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Do I have to disclose an expunged crime on a job application? 

Usually, no. North Carolina law specifically prohibits employers and educational institutions from making applicants disclose expunged criminal records. In most situations, if the record has been expunged, you can respond as if it had never happened. There are a few exceptions, mostly relating to law enforcement officers. 

Will an expunged record show up in a background check? 

 

When a criminal record is expunged, it is legally removed from the person’s criminal history. After expungement, access to information about the arrest and conviction is strictly limited. The information isn’t just deleted from the North Carolina Court System database. Other agencies, such as city and county law enforcement agencies, are required to delete their records, as well. But, there are exceptions. For instance, judges and prosecutors may have access to expunged records under limited circumstances.

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How long is the waiting period for expungement? 

In most cases, the waiting period to petition for expungement is five years for misdemeanors and ten years for felonies. However, there are some exceptions. For instance, the waiting period is shorter for those who were juveniles at the time of the offense. A North Carolina expungement lawyer can provide more specific information about the waiting period for your criminal charge or conviction.

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Can I expunge more than one criminal record? 

Maybe. The answer depends on the type of record, and perhaps on the timeline. It is possible to expunge multiple charges that were dismissed or ended in a not-guilty verdict from your criminal history, but, you can typically only expunge one conviction. The one exception is that you may be able to expunge multiple non-violent misdemeanors if they were resolved at the same time or within a twelve-month period.