Can You Expunge a DUI/DWI Record in North Carolina?
In North Carolina, a DWI conviction cannot be expunged from your record under any circumstances. However, if your DWI charge was dismissed or you were found not guilty, you can successfully expunge the charge for a $0 filing fee at your local District Court.
The Strict Reality of DWI Expungements in North Carolina
Getting pulled over for a Driving While Impaired (DWI) offense is one of the most stressful experiences a driver can face. If you are dealing with the aftermath of a DWI in North Carolina, you likely want to clear your record to protect your job and reputation. Unfortunately, North Carolina has some of the strictest traffic laws in the United States. Under state law, a DWI conviction is permanent. The legislature has specifically excluded traffic offenses-especially impaired driving-from the state's general expungement statutes. If you are struggling with a past criminal record, our USA Lawyer Directory can help you find a local defense attorney in Charlotte, Raleigh, or Greensboro to explore what options might still be available to you.
Why Convictions Cannot Be Expunged
North Carolina governs its primary expungement rules through various statutes. While recent reforms, such as the Second Chance Act, have expanded the ability to clear many non-violent misdemeanors and felonies, traffic offenses are strictly left out. Because a DWI is classified as a traffic offense under N.C. Gen. Stat. § 20-138.1, it is entirely ineligible for expungement if you were convicted. The state maintains this strict policy to allow law enforcement and judges to see a driver's full history when making sentencing decisions for repeat offenders.
The Good News: Expunging Dismissed DWI Charges
If you went to court and the prosecutor dismissed your DWI charge, or if a judge found you not guilty at trial, you are in a completely different position. Under N.C. Gen. Stat. § 15A-146, anyone who has a charge dismissed or is found not guilty has the right to completely wipe that arrest and charge from their record. This is crucial because even a dismissed DWI charge will show up on a standard background check, potentially causing employers to unfairly judge you. You can file for this relief at courts like Wake County District Court, Raleigh or Mecklenburg County District Court, Charlotte.
Step-by-Step Process to Expunge a Dismissed DWI
Under N.C. Gen. Stat. § 15A-146(a4), qualifying dismissed charges and not guilty verdicts are expunged automatically by operation of law between 180 and 210 days following final disposition. However, if your case was resolved prior to December 1, 2021, if you want to expedite record clearing, or if an administrative exception applies, you must proactively file a formal petition with the court.
Step 1: Obtain Your Official Case Disposition
Before filing anything, you need to prove your case was actually dismissed. Visit the criminal clerk's office at the courthouse where your case was handled, such as Guilford County District Court, Greensboro. Request a certified copy of your case disposition showing that the DWI was dismissed or ended in a not guilty verdict.
Step 2: Fill Out the Correct Petition
You must complete the official state petition that corresponds to your case disposition. For dismissed charges, your attorney will help you prepare Form AOC-CR-287, North Carolina, Administrative Office of the Courts, Petition And Order Of Expunction Under G.S. 15A-146(a) Or G.S. 15A-146(a1) (Charge(s) Dismissed). If you were acquitted after a trial, you must file Form AOC-CR-288, North Carolina, Administrative Office of the Courts, Petition And Order Of Expunction Under G.S. 15A-146(a2) (Not Guilty Or Not Responsible). These forms require your personal information, the date of your arrest, the arresting agency, and the file number of your case.
Step 3: File the Petition with the Court Clerk
Submit the completed petition to the clerk of court in the county where you were originally charged. Because the charge was dismissed, there is no court filing fee for this specific type of expungement in North Carolina.
Step 4: The Background Check and SBI Review
Once filed, the judge will sign off on a background check. The petition is then sent to the North Carolina State Bureau of Investigation, Raleigh (SBI) to verify that you have no other pending charges that would disqualify you. The SBI conducts a thorough review before sending it back to the judge for a final signature.
Consequences of an Unexpunged DWI Conviction
Because a DWI conviction cannot be removed from your record in North Carolina, it is important to understand how it will impact your daily life and career.
Massive Insurance Rate Hikes
North Carolina uses the Safe Driver Incentive Plan (SDIP). A DWI conviction assigns 12 SDIP points to your driving record. This results in a staggering 340% increase in your auto insurance premiums for a period of three years. Furthermore, the North Carolina Division of Motor Vehicles, Raleigh will retain this information permanently, and insurance companies will easily find it.
CDL Disqualifications
For commercial truck drivers, a DWI is career-ending. Under federal and North Carolina law, receiving a DWI conviction (even while driving your personal vehicle) results in an automatic one-year suspension of your Commercial Driver's License (CDL). A second conviction results in a lifetime ban from holding a CDL.
How Much Does It Cost in North Carolina?
The cost of dealing with a DWI expungement depends entirely on the outcome of your original case.
| Type of Expense | Estimated Cost (USD) | Details |
|---|---|---|
| Court Filing Fee (Dismissal) | $0 | There is no state fee to expunge a charge that was dismissed or acquitted. |
| Court Filing Fee (Conviction) | N/A | DWI convictions are not eligible for expungement, so you cannot file. |
| Attorney Fees (Filing Expungement) | $500 - $1,500 | Standard flat fee for a lawyer to handle a dismissal expungement. |
| Insurance Increases (Conviction) | $3,000+ per year | Due to 12 SDIP points for a span of three years. |
How Long Does the Expungement Process Take?
In North Carolina, the expungement process is not fast. Even for a simple dismissed DWI charge, the paperwork must travel from the local county courthouse to the SBI in Raleigh and back. This process generally takes between 6 and 12 months from the day you file the petition until the judge signs the final order sealing your record.
Frequently Asked Questions (FAQ)
If a DWI is over 10 years old, can it be expunged?
No. In North Carolina, traffic offenses, including Driving While Impaired (DWI), are permanently excluded from conviction expungements, regardless of how much time has passed since the conviction date.
What is the Second Chance Act?
The Second Chance Act is a North Carolina law passed to expand expungement eligibility for certain non-violent misdemeanors and felonies. However, it explicitly states that traffic offenses like DWI do not qualify for conviction expungement.
Will a dismissed DWI still show up on a background check?
Yes, unless you officially expunge it. A dismissal means you were not convicted, but the record of your arrest and the original charge will remain on public court databases until a judge signs an expungement order.
Can the DMV still see my dismissed DWI?
Once an expungement order is granted for a dismissed charge, the court orders all state agencies, including the DMV and law enforcement, to seal their records of the event. It should not be visible for standard background purposes.
No reviews yet. Be the first to share your experience!