Expunction of dismissed charges and not-guilty findings (G.S. 15A-146) in North Carolina: which records can be cleared
Each way to clear a record in North Carolina, what it covers, the exclusions and the effect.
Checked against official sources: October 25, 2026.
Short answer
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.
- Main remedy
- Expunction of dismissed charges and not-guilty findings (G.S. 15A-146)
- What it covers
- Charges that were dismissed and charges that ended with a finding of not guilty or not responsible (misdemeanors, felonies, infractions)
- Ways to clear a record
- 4
- Automatic relief
- Yes
Which records can 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
Records from when you were under 18
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
After your record is cleared
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)
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
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
In nearby states
- Virginia: Sealing; expungement (for charges that did not end in a conviction)
- South Carolina: Expungement
- West Virginia: Expungement
- District of Columbia: Record sealing and expungement
Steps to clear a record in North Carolina
Start with your record
Get a copy of your record so you know each case and how it ended. NC Judicial Branch – Expunctions help topic (forms and instructions) and NC General Statutes Chapter 15A, Article 5 (all expunction laws).
Check the waiting period
Each kind of case has its own waiting period. Waiting periods.
File with the court
Most remedies start with a petition to the court. How to file.
Talk to legal aid
Free help: Legal Aid of North Carolina (helps some people with expunctions).
Where to get free help in North Carolina
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.
Which records can 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.
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.
Are juvenile records sealed 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).
Who can still see a cleared record 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.