Expunging First-Time Non-Violent Misdemeanors and Felonies in North Carolina
Under North Carolina law, you can expunge non-violent misdemeanor convictions after a 3 or 7-year waiting period, and non-violent felony convictions after a 10-year waiting period. Class A through G felonies are strictly excluded, and the state filing fee is $175.
Understanding N.C. Gen. Stat. § 15A-145.5
A single mistake in your past should not permanently derail your future. In North Carolina, individuals who have been convicted of certain non-violent crimes have a legal pathway to clear their records. The state legislature passed N.C. Gen. Stat. § 15A-145.5 to allow citizens to expunge first-time non-violent misdemeanors and felonies. This law offers a true second chance for employment, housing, and personal dignity. Whether your conviction happened in Forsyth County Superior Court, Winston-Salem or Durham County District Court, Durham, the rules apply statewide. If you need a local attorney to guide you through this highly detailed process, you can find a qualified North Carolina lawyer in our USA Lawyer Directory.
What is Considered a Non-Violent Offense?
North Carolina defines a non-violent offense by listing what it is not. A non-violent offense is any misdemeanor or felony that does not involve physical violence, the threat of violence, or sexual assault. Common eligible offenses include simple drug possession, minor larceny, shoplifting, and certain white-collar crimes like embezzlement (if classified as a lower-level felony). If your crime did not involve hurting someone or registering as a sex offender, it generally falls into the non-violent category.
Excluded Crimes: Class A-G Felonies
The law is extremely strict regarding serious crimes. You cannot expunge a Class A, B1, B2, C, D, E, F, or G felony in North Carolina under this statute. Only Class H and Class I felonies are eligible. Furthermore, any offense involving assault, domestic violence, stalking, heroin or meth possession (in certain severe quantities), or driving while impaired (DWI) is strictly excluded from expungement regardless of its felony or misdemeanor class level.
Waiting Periods Breakdown (3, 7, and 10 Years)
The time you must wait to file for an expungement depends entirely on the severity of the crime and how many convictions you have. The waiting period starts on the date of your conviction or when you completed your entire sentence (including probation and paying restitution), whichever is later.
- 3 Years: If you have exactly one non-violent misdemeanor conviction, you must wait 3 years to apply for an expungement.
- 7 Years: If you have multiple non-violent misdemeanor convictions, the waiting period increases to 7 years. You can expunge multiple misdemeanors if they were committed during a specific time frame, but the wait is longer.
- 10 Years: If you have one non-violent Class H or Class I felony conviction, you must wait 10 full years before you are eligible to file.
Step-by-Step Expungement Process in North Carolina
Expunging a conviction requires precise paperwork and significant patience. The state agencies meticulously review every application.
Step 1: Obtain Your Complete Criminal Record
Before filing anything, you must know exactly what is on your record. You should pull your background report from the North Carolina State Bureau of Investigation, Raleigh and request your court dispositions from the local county courthouse.
Step 2: Prepare the Official Petition
Your attorney will help you fill out the mandatory state form: Form AOC-CR-298, North Carolina, Administrative Office of the Courts, Petition And Order Of Expunction Under G.S. 15A-145.5 (Nonviolent Misdemeanor(s)) for misdemeanors or Form AOC-CR-297, North Carolina, Administrative Office of the Courts, Petition And Order Of Expunction Under G.S. 15A-145.5 (Nonviolent Felony(ies)) for felonies. This form requires you to list your exact charges, conviction dates, and a sworn affidavit that you have maintained a clean record during the waiting period.
Step 3: File the Paperwork and Pay the Fee
You must file the petition with the clerk of court in the county where you were convicted. When filing for a conviction expungement, you must pay a mandatory state filing fee of $175.
Step 4: The District Attorney and SBI Review
The local District Attorney will review your petition and has 30 days to object. Next, the paperwork is sent to the SBI to confirm you have no new convictions in North Carolina or any other state. This background check is exhaustive.
Step 5: Judicial Signature and Sealing
Once the SBI approves the background check, the file returns to the judge. The judge will sign the final order, directing all state agencies to destroy or seal their records of your conviction.
How Much Does It Cost in North Carolina?
Clearing a conviction is an investment in your future earning potential. The costs include state fees and attorney compensation.
| Expense Description | Average Cost (USD) | Details |
|---|---|---|
| State Filing Fee | $175 | Required by the NC Administrative Office of the Courts for convictions. |
| Attorney Fees | $750 - $2,000 | Varies based on whether it is a single misdemeanor or a felony. |
| Background Check Fees | $15 - $50 | Cost to pull your official records before filing. |
How Long Does the Process Take?
North Carolina is currently experiencing a massive backlog in expungement processing. Due to the high volume of petitions being sent to the SBI in Raleigh for background verification, you should expect the entire process to take between 9 and 14 months from the day you file the petition to the day the judge signs the final sealing order.
Frequently Asked Questions (FAQ)
Can I expunge more than one felony?
Yes. Under N.C. Gen. Stat. § 15A-145.5(c)(2)b, North Carolina law allows you to expunge up to three non-violent Class H or Class I felony convictions after completing a 20-year waiting period, provided you have maintained a clean record.
What happens if I get arrested while waiting for my expungement?
If you receive a new criminal conviction (other than a minor traffic violation) during the 3, 7, or 10-year waiting period, or while your petition is pending, your expungement will be denied immediately.
Do I have to disclose an expunged record on a job application?
No. Once the judge signs the final order, North Carolina law allows you to legally state on most civilian job applications that you have never been arrested or convicted of that specific crime.
Can my landlord see my expunged record?
Once the state seals the record, it will not appear on standard commercial background checks used by landlords and private employers, helping you secure better housing.
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