Can I get my record expunged in North Carolina?

Possibly. North Carolina allows expungement of certain records, including first-time non-violent misdemeanors (NCGS § 15A-145), certain non-violent felonies after a 20-year waiting period (NCGS § 15A-145.5), and non-conviction records. Eligibility depends on the type of offense, waiting period, and whether you have subsequent convictions. Contact a legal aid organization for help determining your eligibility.

Does North Carolina have a Clean Slate law?

No. North Carolina does not have a Clean Slate law that automatically seals or expunges criminal records. All expungement in North Carolina requires filing a petition with the court. However, since December 2021, charges that are dismissed or result in acquittal are automatically expunged.

Will a felony from 15 years ago show up on a background check in North Carolina?

Yes. In North Carolina, felony convictions can be reported indefinitely. Even convictions from decades ago may appear on a background check. If the felony is non-violent and you have met the waiting period, you may be eligible for expungement under the Second Chance Act, which would remove it from future background checks.

Do North Carolina employers have to consider the relevance of my conviction to the job?

North Carolina state law does not require employers to perform an individualized assessment or evaluate the relevance of a conviction to the specific job. However, federal EEOC guidance recommends that employers consider the nature of the offense, the time elapsed, and the relationship to job duties. Some employers voluntarily follow this guidance.

Can a dismissed charge show up on a background check in North Carolina?

Dismissed charges can appear on a background check for up to 7 years under the FCRA. However, charges dismissed or resulting in acquittal after December 1, 2021 are now automatically expunged in North Carolina. For older dismissed charges, you may petition for expungement under NCGS § 15A-146.

What is the Second Chance Act in North Carolina?

The Second Chance Act (NCGS § 15A-145.5) allows expungement of certain non-violent criminal convictions after a waiting period — 10 years for misdemeanors and 20 years for qualifying felonies. You must have no subsequent convictions during the waiting period. This is a petition-based process, meaning you must apply to the court for expungement.

North Carolina Background Check Laws

No state lookback limitLast updated: 2026-04-01

In North Carolina, criminal convictions can appear on a background check indefinitely — there is no state-imposed time limit. Ban-the-box applies only to state government employers. North Carolina allows expungement of certain first-time, non-violent offenses after meeting waiting period requirements.

Overview

North Carolina does not impose any state-level time limit on how far back a background check can report criminal convictions. Under the federal FCRA default, convictions can appear on a background check indefinitely, regardless of how long ago they occurred. Non-conviction records (arrests not leading to conviction, dismissed charges, acquittals) are limited to seven years under the FCRA. North Carolina has a limited ban-the-box policy that applies only to state government employers. Private employers in North Carolina can ask about criminal history at any point in the hiring process, including on the initial job application. There is no statewide law restricting when or how private employers inquire about criminal records. North Carolina does not have a Clean Slate law for automatic record sealing. However, the state does allow expungement of certain first-time, non-violent offenses under NCGS § 15A-145 and related statutes. Eligibility has been expanded in recent years to include certain non-violent felonies. The Second Chance Act (NCGS § 15A-145.5) allows expungement of certain non-violent felony and misdemeanor convictions after a 10-year waiting period. For people with older, qualifying records, expungement may be available and is worth exploring.

How Far Back Does a Background Check Go in North Carolina?

Record Type	Rule in North Carolina
Felony Convictions	No time limit. Felony convictions may appear on background checks regardless of age. Certain non-violent felonies may be eligible for expungement after a waiting period.
Misdemeanor Convictions	No time limit. Misdemeanor convictions can be reported indefinitely. Some first-time misdemeanors may be eligible for expungement.
All Convictions	No state limit — convictions can be reported indefinitely under FCRA default rules.
Arrests (No Conviction)	Arrests not leading to conviction are limited to 7 years under the FCRA for employment reports. Dismissed charges may also be eligible for expungement under NCGS § 15A-146.
Pending Cases	Pending criminal cases can be reported on a background check regardless of when charges were filed.

Ban the Box / Fair Chance

Yes

North Carolina's ban-the-box policy applies only to state government employers. Executive Order 158 (2016) directed state agencies to remove the criminal history question from initial employment applications for state government positions. Private employers and local government employers are not covered. Private employers in North Carolina may ask about criminal history at any point in the hiring process. Some individual cities (like Durham and Charlotte) have adopted their own local fair chance policies for city employment.

Effective: 2016

Clean Slate / Auto-Sealing

No Clean Slate law

North Carolina does not have a Clean Slate law providing automatic sealing or expungement of criminal records. However, the state allows expungement by petition for certain offenses. Under NCGS § 15A-145, first-time non-violent misdemeanor offenses may be expunged. The Second Chance Act (NCGS § 15A-145.5) allows expungement of certain non-violent felony and misdemeanor convictions after a 10-year waiting period for misdemeanors and a 20-year waiting period for certain felonies. Non-conviction records (dismissed charges, acquittals) may be expunged under NCGS § 15A-146. Automatic expungement is available for charges dismissed or acquitted after December 1, 2021.

What Employers Can Do in North Carolina

When can employers ask about criminal history?: Private employers can ask about criminal history at any point during the hiring process, including on the initial job application. State government employers must wait until after the initial application phase under Executive Order 158.
What can they consider?: North Carolina does not have a state law requiring employers to perform an individualized assessment or consider the relevance of a conviction to the job. Employers generally have broad discretion to consider any conviction in employment decisions. Federal EEOC guidance recommends individualized assessment, but it is not mandated by North Carolina state law.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in North Carolina

Fair Credit Reporting Act (FCRA)(1970)
Federal law providing the baseline framework for background check reporting in North Carolina. Limits non-conviction reporting to 7 years. Convictions may be reported indefinitely since North Carolina has no stricter state law.
North Carolina Executive Order 158 — Ban the Box (Public Employers)(2016)
Executive order directing state agencies to remove criminal history questions from initial state employment applications. Applies only to state government agencies, not private or local government employers.
North Carolina Expungement Laws (NCGS § 15A-145 et seq.)(Various)
State expungement statutes allowing petition-based expungement of certain criminal records, including first-time non-violent offenses, certain drug offenses, and non-conviction records. Waiting periods and eligibility vary by offense type.
Second Chance Act (NCGS § 15A-145.5)(2012)
Allows expungement of certain non-violent felony and misdemeanor convictions after specified waiting periods (10 years for misdemeanors, 20 years for certain felonies). Limited to individuals without subsequent convictions during the waiting period.

Frequently Asked Questions — North Carolina

How far back does a background check go in North Carolina?: North Carolina does not impose any state-level time limit on reporting criminal convictions. Convictions — both felonies and misdemeanors — can appear on your background check indefinitely under the federal FCRA. Non-conviction records are limited to 7 years under the FCRA.
Can a private employer in North Carolina ask about my criminal record on a job application?: Yes. North Carolina's ban-the-box policy only covers state government employers. Private employers can ask about criminal history at any point in the hiring process, including on the initial job application. There is no statewide law restricting this for private employers.
Can I get my record expunged in North Carolina?: Possibly. North Carolina allows expungement of certain records, including first-time non-violent misdemeanors (NCGS § 15A-145), certain non-violent felonies after a 20-year waiting period (NCGS § 15A-145.5), and non-conviction records. Eligibility depends on the type of offense, waiting period, and whether you have subsequent convictions. Contact a legal aid organization for help determining your eligibility.
Does North Carolina have a Clean Slate law?: No. North Carolina does not have a Clean Slate law that automatically seals or expunges criminal records. All expungement in North Carolina requires filing a petition with the court. However, since December 2021, charges that are dismissed or result in acquittal are automatically expunged.
Will a felony from 15 years ago show up on a background check in North Carolina?: Yes. In North Carolina, felony convictions can be reported indefinitely. Even convictions from decades ago may appear on a background check. If the felony is non-violent and you have met the waiting period, you may be eligible for expungement under the Second Chance Act, which would remove it from future background checks.
Do North Carolina employers have to consider the relevance of my conviction to the job?: North Carolina state law does not require employers to perform an individualized assessment or evaluate the relevance of a conviction to the specific job. However, federal EEOC guidance recommends that employers consider the nature of the offense, the time elapsed, and the relationship to job duties. Some employers voluntarily follow this guidance.
Can a dismissed charge show up on a background check in North Carolina?: Dismissed charges can appear on a background check for up to 7 years under the FCRA. However, charges dismissed or resulting in acquittal after December 1, 2021 are now automatically expunged in North Carolina. For older dismissed charges, you may petition for expungement under NCGS § 15A-146.
What is the Second Chance Act in North Carolina?: The Second Chance Act (NCGS § 15A-145.5) allows expungement of certain non-violent criminal convictions after a waiting period — 10 years for misdemeanors and 20 years for qualifying felonies. You must have no subsequent convictions during the waiting period. This is a petition-based process, meaning you must apply to the court for expungement.

North Carolina Resources

North Carolina Justice Center
Policy and advocacy organization providing resources on criminal justice reform, expungement, and reentry in North Carolina.
Legal Aid of North Carolina
Provides free legal assistance to low-income North Carolinians, including help with expungement petitions and understanding criminal record rights.
North Carolina Judicial Branch — Expungement Forms
Official court system resource with expungement petition forms, instructions, and eligibility information for North Carolina.
NC Department of Public Safety — Reentry Programs
State agency with information about reentry programs, parole, and resources for people transitioning back into the community after incarceration.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in North Carolina for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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