Clearing a criminal record in North Carolina
In North Carolina it is called expunction (also called expungement): an expunction removes a charge or conviction from your North Carolina record and has the state's records of the arrest, charge or conviction sealed or destroyed. Some misdemeanor and felony convictions may be cleared, and North Carolina also clears some records automatically.
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
Can my record be cleared in North Carolina?
Expunction (also called expungement) — An expunction removes a charge or conviction from your North Carolina record and has the state's records of the arrest, charge or conviction sealed or destroyed. The law treats you as if the case had not happened, though a confidential file kept by the courts and some agencies (for example, police officer certification boards and immigration authorities) may still learn of it.
North Carolina has 4 ways to clear a record. Each covers different records and has its own waiting period.
Expunction of dismissed charges and not-guilty findings (G.S. 15A-146)
Charges that were dismissed and charges that ended with a finding of not guilty or not responsible (misdemeanors, felonies, infractions)
| Kind of case | Waiting period | Counted from |
|---|---|---|
Charge dismissed or found not guilty | No waiting period You can file as soon as the charge is dismissed or you are found not guilty; for cases fully ended in your favor on or after December 1, 2021, the expunction happens automatically. | The final disposition of the charges |
- Not eligible
- Automatic expunction does not apply to a felony charge dismissed as part of a plea agreement
Law: N.C. Gen. Stat. § 15A-146
Source: Official text
Expunction of nonviolent misdemeanors and felonies, no age limit (G.S. 15A-145.5)
Nonviolent misdemeanor convictions (one or more) and up to three nonviolent felony convictions (Class H or I); convictions from the same court session count as one
| Kind of case | Waiting period | Counted from |
|---|---|---|
One nonviolent misdemeanor | 3 years You can file 3 years after conviction or after you finish your sentence, whichever is later. | The conviction date or the end of any jail sentence, probation or post-release supervision, whichever is later |
More than one nonviolent misdemeanor | 7 years You can file 7 years after your last conviction or after you finish your sentence, whichever is later. | Your last conviction (other than a traffic offense) or the end of any sentence, probation or post-release supervision, whichever is later |
One nonviolent felony | 10 years You can file 10 years after conviction or after you finish your sentence, whichever is later. | The conviction date or the end of any sentence, probation or post-release supervision, whichever is later |
One felony breaking or entering a building (G.S. 14-54(a)) | 15 years You can file 15 years after conviction or after you finish your sentence, whichever is later. | The conviction date or the end of any sentence, probation or post-release supervision, whichever is later |
Two or three nonviolent felonies | 20 years You can file 20 years after the most recent conviction or sentence; the felonies must have been committed within the same 24 months. | The most recent conviction listed or the end of any related sentence, probation or post-release supervision, whichever is later |
- Not eligible
- Class A through G felonies and Class A1 misdemeanors; any offense with assault as an element; offenses requiring sex offender registration and certain other sex or stalking offenses; felony drug offenses involving methamphetamine, heroin, or possession with intent to sell or deliver (or sale and delivery of) cocaine; cross-burning and similar intimidation offenses and any offense enhanced as a hate crime; G.S. 14-401.16; breaking or entering with intent to terrorize or injure; felonies using a commercial motor vehicle; attempts to commit any of these; and any impaired-driving offense (DWI). You also need no outstanding restitution and no pending charges.
- Limits
- You cannot get a second expunction under this section for misdemeanors (or for felonies) once one is granted, except in limited cases for petitions granted before December 1, 2021. You are not eligible for offenses committed after a previous expunction order under this section. Expunging one misdemeanor early (before 7 years) or one felony early (before 20 years) bars later expunction of more.
Law: N.C. Gen. Stat. § 15A-145.5; G.S. 14-12.12 to 14-12.14; G.S. 14-3(c); G.S. 14-54(a1)
Source: Official text
Expunction of a misdemeanor committed before age 18, or underage alcohol possession before 21 (G.S. 15A-145)
One non-traffic misdemeanor committed before age 18, or misdemeanor alcohol possession before age 21, for first offenders
| Kind of case | Waiting period | Counted from |
|---|---|---|
Misdemeanor committed under 18 (or alcohol possession under 21) | 2 years You can file 2 years after conviction or after probation ends, whichever is later, if you have stayed out of trouble. | The conviction date or the end of probation, whichever is later |
- Not eligible
- Impaired-driving offenses and offenses requiring sex offender registration; you must have no other felony or non-traffic misdemeanor conviction
- Limits
- Only for people with no prior felony or non-traffic misdemeanor conviction
Law: N.C. Gen. Stat. § 15A-145
Source: Official text
Expunction for offenses committed at age 16 or 17 before December 1, 2019 (G.S. 15A-145.8A)
Misdemeanors and Class H or I felonies committed at age 16 or 17 before December 1, 2019
| Kind of case | Waiting period | Counted from |
|---|---|---|
Misdemeanor or Class H/I felony committed at 16 or 17 | No waiting period You can file once you have finished the whole sentence and owe no restitution. | Completing any jail sentence, probation and post-release supervision |
- Not eligible
- Motor vehicle offenses (including impaired driving) and offenses requiring sex offender registration
Law: N.C. Gen. Stat. § 15A-145.8A
Source: Official text
When can I file? Waiting periods in North Carolina
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
How to file in North Carolina
Expunction of dismissed charges and not-guilty findings (G.S. 15A-146)
For older cases, file the AOC petition with the clerk of superior court in the county where you were charged. The court must grant it if the charge was dismissed or you were found not guilty; a hearing is often not needed.
- Cost
- No fee for most dismissals and not-guilty findings. $175 if the charge was dismissed after a deferred prosecution agreement or conditional discharge.
- If you can't pay
- The fee does not apply to indigent petitioners; use the AOC 'Petition to Sue/Appeal/File Motions as an Indigent' form.
Law: G.S. 15A-146(d)
Expunction of nonviolent misdemeanors and felonies, no age limit (G.S. 15A-145.5)
File the AOC petition with the clerk of superior court in the county of conviction, with two character affidavits from unrelated people and a request for SBI and AOC record checks. The district attorney has 30 days to object and the victim may be heard. A judge holds a hearing. For misdemeanors the judge must grant it if you meet the conditions; for felonies the judge may grant it.
- Cost
- $175 filing fee paid to the clerk of superior court.
- If you can't pay
- The fee does not apply to petitions filed by an indigent person; use the AOC 'Petition to Sue/Appeal/File Motions as an Indigent' form.
Law: G.S. 15A-145.5(g)
Expunction of a misdemeanor committed before age 18, or underage alcohol possession before 21 (G.S. 15A-145)
File the AOC petition in the county of conviction with two character affidavits; the district attorney has 10 days to object; the judge holds a hearing.
- Cost
- $175 filing fee.
- If you can't pay
- Not charged to indigent petitioners.
Law: G.S. 15A-145(e)
Expunction for offenses committed at age 16 or 17 before December 1, 2019 (G.S. 15A-145.8A)
You, your lawyer or the district attorney may file in the county of conviction; the district attorney has 30 days to object and the victim may be heard.
- Cost
- $52.50 filing fee paid to the clerk of superior court.
- If you can't pay
- The fee does not apply to petitions filed by an indigent person; use the AOC 'Petition to Sue/Appeal/File Motions as an Indigent' form.
Law: G.S. 15A-145.8A(h)
Court self-help
Free help in North Carolina
- Legal Aid of North Carolina (helps some people with expunctions) · 1-866-219-5262
- Find free legal aid at LawHelp.org
National help
Free letter and checklist
Letter: ask for a copy of your own record
A request to the state records office (North Carolina State Bureau of Investigation (SBI)) with your name, date of birth and mailing address.
Checklist: what to gather before you file
Case numbers, court papers, proof you finished your sentence, forms and fees for North Carolina.
Clearing a record in North Carolina by topic
Expunction of dismissed charges and not-guilty findings (G.S. 15A-146) in North Carolina
Which records each remedy covers, who is not eligible and what changes afterwards.
Waiting periods in North Carolina
How long you wait for each kind of case, and a date helper.
How to file in North Carolina
The steps, the cost, fee waivers, the forms and court self-help.
Automatic relief in North Carolina
- Law
- Automatic expunction of dismissed and not-guilty charges
- What is cleared
- If every charge in a case was dismissed or ended in a finding of not guilty or not responsible on or after December 1, 2021, the charges are expunged by law 180 to 210 days after the case ends, with no petition. A felony charge dismissed as part of a plea deal is not included. Convictions are not cleared automatically.
- Started
- December 1, 2021
- Check your record
- Official status page
Law: N.C. Gen. Stat. § 15A-146(a4); S.L. 2020-35
Juvenile records in North Carolina
After you turn 18 you may petition the court that adjudicated you to expunge a juvenile delinquency or undisciplined record. For a delinquency record, the offense must not have been a Class A, B1, B2, C, D or E felony if committed by an adult, at least 18 months must have passed since you were released from juvenile court jurisdiction, and you must have no later delinquency adjudication or adult conviction other than traffic (the 18-month rule does not apply to human-trafficking victims).
Law: N.C. Gen. Stat. § 7B-3200
Pardons in North Carolina
- Who decides
- Governor of North Carolina (Governor's Executive Clemency Office)
- How
- Contact the Executive Clemency Office (919-324-1456, clemency@nc.gov) to confirm eligibility; it then sends the petition and instructions. For a Pardon of Forgiveness you generally wait 5 years after release from incarceration, probation, parole or post-release supervision (or after conviction if no sentence) and have no pending charges. A Pardon of Forgiveness does not expunge the record; a Pardon of Innocence allows expunction under G.S. 15A-149.
Law: N.C. Const. art. III, § 5(6); N.C. Gen. Stat. § 147-23; § 15A-149
After your record is cleared in North Carolina
After expunction you are not guilty of perjury or a false statement if you do not mention the expunged arrest, charge or conviction, and employers and schools may not require you to disclose it. Exceptions: people seeking law enforcement or sheriff's officer certification must disclose expunged convictions, and an expunged conviction under 15A-145 or 15A-145.5 may be considered at sentencing for a later crime.
Law: N.C. Gen. Stat. § 15A-153; § 15A-145.5(d)
Get your own record in North Carolina
North Carolina State Bureau of Investigation (SBI)
Ask the SBI for a fingerprint-based 'Right to Review' check of your North Carolina record using its Request for Access to Criminal History Record Information form. Fee: $14.
Letter: ask the state records office for a copy of your record
Good to know in North Carolina
- Since July 9, 2025, you can ask to expunge a single nonviolent misdemeanor 3 years after conviction or end of sentence instead of 5.
Law: S.L. 2025-71, s. 12
- Dismissed and not-guilty cases ended on or after December 1, 2021 are expunged automatically after 180-210 days.
Law: G.S. 15A-146(a4)
- Expunction orders are destroyed with the file, so keep your copy; for petitions filed on or after December 1, 2017 you can ask the AOC for a certificate verifying a prior expunction (NC Judicial Branch).
Changes in 2024–2026
S.L. 2025-71 (Senate Bill 311, approved July 9, 2025) cut the waiting period to expunge one nonviolent misdemeanor from 5 to 3 years for petitions filed on or after that date.
Law: G.S. 15A-146 was also amended by S.L. 2024-35 and 15A-145.5 by S.L. 2025-25 (technical changes)
Questions about clearing a record in North Carolina
What is clearing a record called in North Carolina?
Expunction (also called expungement). An expunction removes a charge or conviction from your North Carolina record and has the state's records of the arrest, charge or conviction sealed or destroyed. The law treats you as if the case had not happened, though a confidential file kept by the courts and some agencies (for example, police officer certification boards and immigration authorities) may still learn of it.
Can convictions be cleared in North Carolina?
Expunction of dismissed charges and not-guilty findings: Charges that were dismissed and charges that ended with a finding of not guilty or not responsible (misdemeanors, felonies, infractions). Expunction of nonviolent misdemeanors and felonies, no age limit: Nonviolent misdemeanor convictions (one or more) and up to three nonviolent felony convictions (Class H or I); convictions from the same court session count as one. Expunction of a misdemeanor committed before age 18, or underage alcohol possession before 21: One non-traffic misdemeanor committed before age 18, or misdemeanor alcohol possession before age 21, for first offenders. Expunction for offenses committed at age 16 or 17 before December 1, 2019: Misdemeanors and Class H or I felonies committed at age 16 or 17 before December 1, 2019.
How long do I have to wait in North Carolina?
Charge dismissed or found not guilty: No waiting period, counted from the final disposition of the charges; One nonviolent misdemeanor: 3 years, counted from the conviction date or the end of any jail sentence, probation or post-release supervision, whichever is later; More than one nonviolent misdemeanor: 7 years, counted from your last conviction (other than a traffic offense) or the end of any sentence, probation or post-release supervision, whichever is later; One nonviolent felony: 10 years, counted from the conviction date or the end of any sentence, probation or post-release supervision, whichever is later.
Does North Carolina clear records automatically?
If every charge in a case was dismissed or ended in a finding of not guilty or not responsible on or after December 1, 2021, the charges are expunged by law 180 to 210 days after the case ends, with no petition. A felony charge dismissed as part of a plea deal is not included. Convictions are not cleared automatically.
How much does it cost to clear a record in North Carolina?
Expunction of dismissed charges and not-guilty findings: No fee for most dismissals and not-guilty findings. $175 if the charge was dismissed after a deferred prosecution agreement or conditional discharge. Expunction of nonviolent misdemeanors and felonies, no age limit: $175 filing fee paid to the clerk of superior court. Expunction of a misdemeanor committed before age 18, or underage alcohol possession before 21: $175 filing fee. Expunction for offenses committed at age 16 or 17 before December 1, 2019: $52.50 filing fee paid to the clerk of superior court.
Can juvenile records be cleared in North Carolina?
After you turn 18 you may petition the court that adjudicated you to expunge a juvenile delinquency or undisciplined record. For a delinquency record, the offense must not have been a Class A, B1, B2, C, D or E felony if committed by an adult, at least 18 months must have passed since you were released from juvenile court jurisdiction, and you must have no later delinquency adjudication or adult conviction other than traffic (the 18-month rule does not apply to human-trafficking victims).
What can I say after my record is cleared in North Carolina?
After expunction you are not guilty of perjury or a false statement if you do not mention the expunged arrest, charge or conviction, and employers and schools may not require you to disclose it. Exceptions: people seeking law enforcement or sheriff's officer certification must disclose expunged convictions, and an expunged conviction under 15A-145 or 15A-145.5 may be considered at sentencing for a later crime.
How do I get a copy of my criminal record in North Carolina?
Ask the SBI for a fingerprint-based 'Right to Review' check of your North Carolina record using its Request for Access to Criminal History Record Information form. Fee: $14.
Where can I get free help in North Carolina?
Legal Aid of North Carolina (helps some people with expunctions).