Expungements

The following cases may be eligible for Expungement:

Juvenile Records
Juvenile Records for Dismissed Cases
Misdemeanors (Under 18)
Misdemeanor Possession of Alcohol (Under 21)
Certain Gang Offenses (17 and under)
Drug Offenses (21 and under)
First offenders of certain toxic vapors/drug paraphernalia charges (21 and under)
Non-violent felonies (Under 18)
Non-violent Misdemeanor and Felony Convictions (ANY AGE)
Certain Prostitution Charges
Dismissed charges or findings of not guilty
Identity Theft
Pardon of Innocence Granted by the Governor

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Expunction of Juvenile Records – Juveniles adjudicated delinquent and/or undisciplined – N.C. G.S. 7B-3200

    • Must be at least 18 years old.
    • Must be at least 18 months after release from juvenile court jurisdiction.
    • Does not apply to serious crimes (class A through E felonies).
    • Cannot later be found guilty of a crime committed as a juvenile (15 and under) or an adult (16 or older) – other than minor traffic violations.
    • No Filing Fees.

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Expunction of  Juvenile Records for Dismissed Cases – Juveniles alleged delinquent and/or undisciplined, but dismissed – N.C. G.S. 7B-3200(h)

    • Must be at least 16 years old.
    • No Filing Fees.

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Expunction of  Misdemeanors  – Under 18 – N.C. G.S. 15A-145(a)

    • Convicted of a misdemeanor.
    • Must have been under 18 at the time of the offense.
    • Must wait two (2) years from the date of conviction or completion of probation.
    • No misdemeanor or felony convictions during the two years after conviction (other than minor traffic violations).
    • $125.00 filing fee.

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Expunction of Misdemeanor Possession of Alcohol – Under 21 – N.C. G.S. 15A-145(a)

    • convicted of possession of alcohol under N.C. G.S. 18B-302(b)(1)
    • Must have been under 21 at the time of the offense.
    • Must wait two (2) years from the date of conviction or completion of probation.
    • No misdemeanor or felony convictions during the two years after conviction (other than minor traffic violations).
    • $125.00 filing fee.

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Expunction of Certain Gang Offenses – 17 and under – N.C.G.S. 15A-145.1

    • Must have been 17 or under at the time of the offense.
    • Must have been convicted of an offense under  Article 13A of Chapter 14 of the N.C. G.S. North Carolina Street Gang Supression Act)  or an enhanced offense under N.C. G.S. 14-50.22 (gang enhancement for those 15 and older).
    • Also eligible if your charges were dismissed under N.C. G.S. 14-50.29 (conditional discharge for first time offenders under 18).
    • Must wait two (2) years from the date of conviction or completion of probation.
    • No other convictions on record (other than minor traffic violations).
    • No filing fees.

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Expunction of Drug Offenses for Persons 21 and under – First Offenders of certain drug offenses – N.C. G.S. 15A-145.2

    • Must be 21 or under at the time of offense.
    • Charges with misdemeanor and/or certain felony drug possession charges under N.C. G.S. 90-96 (conditional discharge).
    • Charges were subsequently dismissed, you were found not guilty or you were found guilty.
    • Must be at least 12 months from the date of conviction if found guilty.
    • Should not have any other drug charges.
    • Applies to drug paraphernalia charges.
    • Can only be used once.
    • $65.00 filing fee.

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Expunction of Certain Toxic Vapors/Drug Paraphernalia Charges – First Offenders Under 21 – N.C.G.S. 15A-145.3

    • Must have been 21 or younger at the time of the offense.
    • Charges were subsequently dismissed, you were found not guilty or you were found guilty.
    • Must be at least 12 months from the date of conviction if found guilty.
    • No other convictions on record (other than minor traffic violations).
    • No filing fees

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Expunction of Non-Violent Felonies – Under 18 – N.C.G.S. 15A-145.4

    • Must have been under 18 at the time of the offense.
    • No other convictions on record (other than minor traffic violations).
    • Must complete 100 hours of community service.
    • Must wait four (4) years from the date of conviction, completion of probation, or release from jail.
    • No filing fees

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Expunction of Non-violent Misdemeanor and Felony ConvictionsN.C.G.S. 15A-145.5

    • No Age limitation
    • Petition must be filed on or after December 1, 2012 (Offense may have been committed before that date).
    • “Nonviolent felony” and “nonviolent misdemeanor” are defined in G.S. 15A-145.5.
    • Offense cannot be a Class A through G felony or Class A1 misdemeanor.
    • Applies only to Class H and I felonies and Class 1, 2, and 3 misdemeanors.
    • Must wait fifteen (15) years from the date of conviction, completion of probation, or release from jail.
    • Granting the expungement is in Judge’s discretion.
    • $175.00 filing fee.

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Expunction of Certain Prostitution ChargesN.C.G. S. 15A-145.6

  • No age limitation.
  • No previous convictions of violent felonies or violent misdemeanors.
  • Must satisfy at least one of the following:
  1. The person was a trafficking victim under G.S. 14-43.11 (human trafficking) or G.S. 14-43.13 (sexual servitude) or a victim of a severe form of trafficking under the federal Trafficking Victims Protection Act (22 U.S.C. § 7102(13)).
  2. The person has no prior convictions for a prostitution offense and at least three years have passed since the date of conviction or the completion of any active sentence, period of probation, and post-release supervision, whichever occurs later.
  3. The person received a conditional discharge pursuant to G.S. 14-204(b).

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Expunction of Charges Dismissed or Findings of Not GuiltyN.C. G.S. 15A-146

    • Charges were either dismissed or a finding of not guilty.
    • No felony convictions on their record.
    • Can only be used once.
    • No prior Expungements.
    • No filing fees.

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Expunction for Cases of Identity TheftN.C. G.S. 15A-147

    • Someone else used your name and information when charged.
    • You were found not guilty or the case was dismissed as a result of the identity theft.
    • No filing fee.

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Expunction for Pardon of Innocence – Granted by the Governor – N.C. G.S. 15A-149

  • Must be pardoned by the Governor of North Carolina.
  • Applies to all criminal records with the pardoned offense.
  • No Filing Fees

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