How long you wait to clear a record in North Carolina
How long you wait in North Carolina for each kind of case, and what the waiting period is counted from.
Checked against official sources: October 25, 2026.
Short answer
North Carolina law sets a waiting period for each kind of case. The wait starts from a set event.
- Main remedy
- Expunction of dismissed charges and not-guilty findings (G.S. 15A-146)
- Waiting periods
- 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
When can I file 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.
Waiting periods: 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
Waiting periods: 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
Source: Official text
Waiting periods: 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
Waiting periods: 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
Automatic relief in North Carolina
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.
December 1, 2021
Law: N.C. Gen. Stat. § 15A-146(a4); S.L. 2020-35
In nearby states
- Virginia: Misdemeanor conviction or deferred dismissal: 7 years, counted from the latest of: conviction, dismissal of the deferred charge, release from incarceration, or a probation/parole violation finding or release after it
- South Carolina: Summary court case dismissed or not guilty: No waiting period, counted from end of the appeal period
- West Virginia: Acquittal or dismissal: File no sooner than 60 days after the acquittal or dismissal, counted from order of acquittal or dismissal
Steps after the wait in North Carolina
Check your dates
Use the dates on your court papers, not your memory.
Read the full rule
Exclusions and new offenses can matter more than the wait.
Get the forms
Once enough time has passed, see how to file. 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 waiting periods in North Carolina
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.
What is the waiting period 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.
Where can I get free help in North Carolina?
Legal Aid of North Carolina (helps some people with expunctions).