How much does an expunction cost in North Carolina?

The court filing fee is $175 for most conviction-based expunctions ($52.50 for expunctions under G.S. 15A-145.8A). There is generally no filing fee for expunging dismissed charges or not-guilty verdicts, except that a $175 fee applies to dismissals that followed a deferred prosecution agreement or conditional discharge. Fee waivers are available for those who cannot afford the filing fee by submitting an Affidavit of Indigency. If you hire an attorney, expect to pay $500–$1,500 or more depending on case complexity. Legal Aid of North Carolina's Second Chance Project offers free help (call 1-866-219-5262).

How long does an expunction take in North Carolina?

Most expunctions take 6–12 months from filing to completion. The process includes background checks by the SBI and AOC, possible DA review, and potential court hearings. Simple dismissed-charge expunctions may be faster (3–6 months). With an attorney, the process is often more efficient. Automatic expunctions of eligible dismissed charges and not-guilty verdicts happen between 180 and 210 days after final disposition.

Can a felony be expunged in North Carolina?

Yes, but only nonviolent Class H or I felonies — the two lowest felony classes. You must wait 10 years after conviction or sentence completion (15 years for breaking and entering). Two or three nonviolent felonies committed within a 24-month period can be expunged after 20 years. Class A through G felonies, sex offenses, and violent crimes are not eligible. Unlike misdemeanor expunctions, felony expunctions are discretionary — the judge decides whether to grant them.

What is the difference between expunction and expungement in North Carolina?

There is no difference — North Carolina law uses both terms interchangeably. The state's official statutes (G.S. 15A-145 et seq.) use 'expunction,' but 'expungement' is equally common in everyday usage. Both refer to the same legal process of removing and sealing criminal records.

Does North Carolina have automatic expunction?

Yes, for some non-conviction records. For cases in which every charge was disposed on or after December 1, 2021 and was dismissed without leave, dismissed by the court, or ended in a not guilty or not responsible finding, the charges are expunged automatically by operation of law 180 to 210 days after final disposition under G.S. 15A-146(a4). No petition is required. Cases with a felony charge dismissed under a plea agreement are excluded. Automatic expunctions were paused by statute from August 1, 2022 until July 1, 2024.

Does expunction restore gun rights in North Carolina?

Generally yes. NC felony expunction statutes remove state-law disabilities, which includes the state firearms ban. Under federal law, an expunged conviction does not count as a conviction for the federal felony firearms ban if the expunction fully nullifies the conviction. However, the interaction between state expunction and federal firearms law can be complex, so consult an attorney for your specific situation.

Can I expunge a DWI (DUI) in North Carolina?

No. Impaired driving convictions (DWI/DUI) are explicitly excluded from expunction eligibility under G.S. 15A-145.5. However, if a DWI charge was dismissed or you were found not guilty, the charge itself can be expunged under G.S. 15A-146.

What changed in 2025 for NC expunction law?

Effective July 9, 2025, S.L. 2025-71 reduced the waiting period for expunging a single nonviolent misdemeanor conviction from 5 years to 3 years under G.S. 15A-145.5. Additionally, effective December 1, 2025, S.L. 2025-93 amended G.S. 15A-1008 so that charges dismissed because a defendant lacks capacity to proceed (dismissals on or after December 1, 2025) cannot be expunged under G.S. 15A-146, either automatically or by petition.

North Carolina (NC) — Expungement & Record Clearing

Yes, you can clear your criminal record in North Carolina through expunction — the legal process of removing and sealing arrest, charge, and conviction records. Dismissed charges and acquittals can be expunged with no waiting period, and usually no filing fee ($175 applies to dismissals after a deferred prosecution or conditional discharge). Many are now cleared automatically 180 to 210 days after the case ends. A single nonviolent misdemeanor conviction can be expunged after 3 years (reduced from 5 years in July 2025), while nonviolent Class H/I felonies require a 10-year wait. Filing costs $175 for most conviction expunctions ($52.50 under G.S. 15A-145.8A; not charged to indigent petitioners), and the process typically takes 6–12 months. DWI convictions, Class A–G felonies, sex offenses, and assault-based crimes are not eligible. Below is the full guide with eligibility by statute, step-by-step process, costs, timeline, and FAQ.

Prepare questions about a record-clearing process

Last updated: 2026-10-12

Overview

North Carolina uses the term "expunction" to describe the legal process of removing a criminal charge or conviction from a person's record and sealing or destroying the state's records of the arrest, charge, or conviction. NC has over 15 distinct expunction statutes covering dismissals, acquittals, and various conviction types. As of July 2024, certain dismissed charges are expunged automatically under G.S. 15A-146(a4) without requiring a petition.

Official term: Expunction — North Carolina statutes use "expunction" and "expungement" interchangeably. Both refer to the same legal process — the destruction or sealing of criminal records under Chapter 15A, Article 5.

What can be cleared in North Carolina, by record type

Checked against the statutes and official court or agency pages on 2026-10-12. Informational only, not legal advice — the exact offense, sentence, dates and later cases decide whether a particular record qualifies.

North Carolina's statutes call record clearing "expunction" (Chapter 15A, Article 5, G.S. 15A-145 to 15A-153; juvenile records under Chapter 7B, Article 32, G.S. 7B-3200). Most expunctions need a petition filed in the county where the case was handled. Since December 1, 2021, a case in which every charge was dismissed or ended in a not guilty or not responsible finding is expunged automatically "by operation of law" (G.S. 15A-146(a4)). An expunction restores the person, in the eyes of the law, to the status they had before the arrest. It also clears the public record, so the person may generally leave the matter out when answering questions about their record. The records are not destroyed everywhere: clerks keep expunged court records as confidential files, and prosecutors have electronic access to them. For expunctions granted on or after July 1, 2018, an expunged conviction can still count as a prior conviction for listed purposes, such as calculating the sentence for a later offense.

Sources: N.C. Gen. Stat. § 15A-146 (ncleg.gov) (section heading; § 15A-146(a4)); N.C. Gen. Stat. § 7B-3200 (ncleg.gov) (Article 32 / section heading); N.C. Gen. Stat. § 15A-145.5 (ncleg.gov) (§ 15A-145.5(c2)); N.C. Gen. Stat. § 15A-153 (ncleg.gov) (§ 15A-153(a); § 15A-153(b)); N.C. Gen. Stat. § 15A-151 (ncleg.gov) (§ 15A-151(a1)); N.C. Gen. Stat. § 15A-151.5 (ncleg.gov) (§ 15A-151.5(a); § 15A-151.5(b); § 15A-151.5(b)(1))

Arrest or charge with no conviction

Generally availableSome automatic relief

Remedy: Expunction of dismissed charges and not guilty findings (G.S. 15A-146), including automatic expunction by operation of law (G.S. 15A-146(a4))
Waiting period: No waiting period is set for a petition. Automatic expunction happens 180 to 210 days after final disposition.

The person or the district attorney can petition to expunge a dismissed charge or a charge that ended in a not guilty or not responsible finding. When the court finds the charge was dismissed, or (for a not guilty finding) that all related charges have reached final disposition, it must order the expunction. When every charge in a case was disposed on or after December 1, 2021, by dismissal without leave, dismissal by the court, or a not guilty or not responsible finding, the case is expunged automatically 180 to 210 days after final disposition, with no petition. The statute sets a $175 fee only for expunging a dismissal that followed a deferred prosecution agreement or conditional discharge (not charged to indigent petitioners), and the costs of expunging records are not charged to the petitioner.

Automatic expunction applies only when ALL charges in the case were dismissed or ended in not guilty or not responsible findings, and only for cases disposed on or after December 1, 2021. Other cases need a petition.
No automatic expunction for a case with a felony charge that was dismissed under a plea agreement
If another charge ended in a conviction on the day of the dismissal, expunging the dismissed charge is up to the court
Charges dismissed because the defendant lacked capacity to proceed (G.S. 15A-1008) cannot be expunged under G.S. 15A-146 if dismissed on or after December 1, 2025
Automatic expunctions were paused by statute from August 1, 2022 until July 1, 2024

Sources: N.C. Gen. Stat. § 15A-146 (ncleg.gov) (§ 15A-146(a); § 15A-146(a2); § 15A-146(a1); § 15A-146(a4); +3 more); N.C. Gen. Stat. § 15A-1008 (ncleg.gov) (§ 15A-1008(a); § 15A-1008(d)); Session Law 2025-93 (H 307), PDF (ncleg.gov) (Section 7.(e)); Session Law 2022-47 (H 607), PDF (ncleg.gov) (Section 1.(a); Section 1.(b)); Session Law 2023-103 (H 193), PDF (ncleg.gov) (Section 14.5; Section 14.5 (amended text of S.L. 2022-47, s. 1(b); struck date followed by new date))

Misdemeanor conviction

Generally available

Remedy: Expunction of nonviolent misdemeanors (G.S. 15A-145.5); first-offender misdemeanors committed before age 18 (G.S. 15A-145); misdemeanors committed at 16-17 before Dec. 1, 2019 (G.S. 15A-145.8A)
Waiting period: One nonviolent misdemeanor: 3 years after the conviction or after any active sentence, probation or post-release supervision is served, whichever is later (applies to petitions filed on or after July 9, 2025; it was 5 years before). More than one: 7 years after the last conviction or after the sentence is served, whichever is later.

A person can petition to expunge one "nonviolent" misdemeanor after 3 years, or more than one after 7 years. They must have no other non-traffic convictions during the waiting period, no pending charges or outstanding restitution, and (with limited exceptions) no earlier misdemeanor expunction under G.S. 15A-145.5. If these criteria are met, the court must grant it. A person with no prior non-traffic convictions who committed a non-traffic misdemeanor before age 18 may instead petition under G.S. 15A-145. That petition can be filed 2 years after the conviction or when any probation ends, whichever is later. A misdemeanor committed at age 16 or 17 before December 1, 2019 can be expunged under G.S. 15A-145.8A once the sentence is completed (motor vehicle offenses excluded).

Class A1 misdemeanors
Offenses that include assault as an essential element
Offenses requiring sex offender registration, and listed sex-related or stalking offenses
Offenses involving impaired driving
Offenses under G.S. 14-12.12(b), 14-12.13, 14-12.14, 14-401.16, or any offense for which G.S. 14-3(c) was applied
Attempts to commit an excluded offense
A prior misdemeanor expunction under G.S. 15A-145.5 generally bars another one (exceptions for multi-county petitions and pre-Dec. 1, 2021 expunctions)

Sources: N.C. Gen. Stat. § 15A-145.5 (ncleg.gov) (§ 15A-145.5(c)(1)a.; § 15A-145.5(c)(1)b.; § 15A-145.5(c2); § 15A-145.5(c2)(3); +8 more); Session Law 2025-71 (S 311), PDF (ncleg.gov) (Section 12.(a); Section 12.(b); approval line); N.C. Gen. Stat. § 15A-145 (ncleg.gov) (§ 15A-145(a)); N.C. Gen. Stat. § 15A-145.8A (ncleg.gov) (§ 15A-145.8A(a); § 15A-145.8A(b))

Felony conviction

Limited

Remedy: Expunction of nonviolent felonies (G.S. 15A-145.5); first-offender nonviolent felonies committed before age 18 (G.S. 15A-145.4); Class H or I felonies committed at 16-17 before Dec. 1, 2019 (G.S. 15A-145.8A)
Waiting period: One felony: 10 years after the conviction or after any active sentence, probation or post-release supervision is served, whichever is later (15 years for G.S. 14-54(a) breaking or entering). Two or three felonies: 20 years after the most recent conviction or after the related sentence is served, whichever is later.

Class A through G felonies are excluded, so only lower-level (Class H and I) felonies that meet the "nonviolent" definition can be expunged under G.S. 15A-145.5. One such felony can be expunged 10 years after conviction or after the sentence is served, whichever is later (15 years for felony breaking or entering under G.S. 14-54(a)). Two or three can be expunged after 20 years if the offenses were committed within the same 24-month period. The court "may" grant a felony expunction, so it is discretionary. The person must have no non-traffic misdemeanor convictions in the 5 years before the petition and no other felony convictions during the waiting period. Separate routes cover felonies committed before age 18: G.S. 15A-145.4 for first offenders (4-year wait, at least 100 hours of community service, and a high school diploma or equivalent) and G.S. 15A-145.8A for Class H or I felonies committed at age 16 or 17 before December 1, 2019, once the sentence is complete.

Class A through G felonies
Felonies that include assault as an essential element
Offenses requiring sex offender registration, and listed sex-related or stalking offenses
Chapter 90 drug felonies involving methamphetamine, heroin, or possession with intent to sell or deliver (or sale and delivery of) cocaine
Breaking or entering under G.S. 14-54(a1)
Felonies in which a commercial motor vehicle was used
Attempts to commit an excluded offense
A prior felony expunction under G.S. 15A-145.5 generally bars another one

Sources: N.C. Gen. Stat. § 15A-145.5 (ncleg.gov) (§ 15A-145.5(a)(1)-(3); § 15A-145.5(c)(2)a.; § 15A-145.5(c)(2)a1.; § 15A-145.5(c)(2)b.; +9 more); N.C. Gen. Stat. § 15A-145.8A (ncleg.gov) (§ 15A-145.8A(a)); N.C. Gen. Stat. § 15A-145.4 (ncleg.gov) (§ 15A-145.4(c); § 15A-145.4(c)(7))

DUI / DWI conviction

Not available

Remedy: None for convictions: impaired driving is excluded from G.S. 15A-145.5, 15A-145 and 15A-145.8A. A dismissed or not guilty DWI charge can be expunged under G.S. 15A-146.
Waiting period: No single period — see the conditions below

North Carolina law says an offense involving impaired driving "is not eligible for expunction" under G.S. 15A-145.5. The under-18 misdemeanor statute (G.S. 15A-145) and the age 16-17 statute (G.S. 15A-145.8A) also exclude it. A DWI charge that was dismissed or ended in a not guilty finding can be expunged under G.S. 15A-146 like other criminal charges. That order can also cover a civil driver's license revocation that resulted from the charge, but not a revocation under G.S. 20-16.2.

Any offense involving impaired driving as defined in G.S. 20-4.01(24a)
Under G.S. 15A-145.8A, all Chapter 20 motor vehicle offenses
Expunction of a dismissed charge does not reach civil revocations under G.S. 20-16.2

Sources: N.C. Gen. Stat. § 15A-145.5 (ncleg.gov) (§ 15A-145.5(a1)); N.C. Gen. Stat. § 15A-145 (ncleg.gov) (§ 15A-145(a1)); N.C. Gen. Stat. § 15A-145.8A (ncleg.gov) (§ 15A-145.8A(b)); N.C. Gen. Stat. § 15A-146 (ncleg.gov) (§ 15A-146(a); § 15A-146(b))

Drug possession conviction

Generally available

Remedy: Expunction of nonviolent offenses (G.S. 15A-145.5); cancellation and expunction for first offenders not over 21 (G.S. 15A-145.2); expunction of a dismissal after conditional discharge (G.S. 15A-145.2(a), 15A-146)
Waiting period: Under G.S. 15A-145.2(c): no sooner than 12 months after conviction. Under G.S. 15A-145.5: the same waits as other nonviolent misdemeanors and felonies (3, 7, 10 or 20 years).

The "nonviolent" exclusions in G.S. 15A-145.5 do not list simple possession. The drug offenses they exclude are Chapter 90 felonies involving methamphetamine, heroin, or possession with intent to sell or deliver cocaine. So a possession conviction can generally be expunged on the usual 3-, 7-, 10- or 20-year schedule. A person who was not over 21 at the time of the offense and has no prior felony or drug convictions can apply, no sooner than 12 months after conviction, to cancel and expunge a misdemeanor possession or paraphernalia conviction or a felony under G.S. 90-95(a)(3). They must have completed an approved drug education program, and this relief is available only once. A charge dismissed after a conditional discharge can also be expunged; a $175 fee applies under G.S. 15A-146(d).

Chapter 90 felonies involving methamphetamine or heroin
Possession with intent to sell or deliver, or sale and delivery of, cocaine (felony)
G.S. 15A-145.2(c) relief requires no prior felony or Chapter 90 drug conviction and is available only once

Sources: N.C. Gen. Stat. § 15A-145.5 (ncleg.gov) (§ 15A-145.5(a)(5); § 15A-145.5(c)(1)a.; § 15A-145.5(c)(2)a.); N.C. Gen. Stat. § 15A-145.2 (ncleg.gov) (§ 15A-145.2(c); § 15A-145.2(a)); N.C. Gen. Stat. § 15A-146 (ncleg.gov) (§ 15A-146(d))

Juvenile record

Generally available

Remedy: Expunction of juvenile records (G.S. 7B-3200)
Waiting period: Delinquency adjudications: the person must be at least 18 and at least 18 months must have passed since release from juvenile court jurisdiction.

A person aged 18 or older can petition to expunge a delinquency adjudication unless the offense would have been a Class A, B1, B2, C, D or E felony if committed by an adult. They must have been released from juvenile court jurisdiction for at least 18 months with no later delinquency adjudication or adult non-traffic conviction. The 18-month and no-new-offense conditions do not apply to human trafficking victims. Undisciplined adjudications can be expunged once the person is 18. Juvenile petitions dismissed without an adjudication can also be expunged: from age 16 for delinquency allegations and age 18 for undisciplined allegations. Separately, the law withholds all juvenile court records from public inspection.

Adjudications for offenses that would be Class A, B1, B2, C, D or E felonies if committed by an adult
A later delinquency adjudication or adult non-traffic conviction (except for human trafficking victims)

Sources: N.C. Gen. Stat. § 7B-3200 (ncleg.gov) (§ 7B-3200(b); § 7B-3200(b)(1); § 7B-3200(b)(2); § 7B-3200(a); +1 more); N.C. Gen. Stat. § 7B-3000 (ncleg.gov) (§ 7B-3000(b))

Filing and processing fees

The statutes set filing fees. Most conviction expunctions (including G.S. 15A-145 and 15A-145.5) cost $175, and G.S. 15A-145.8A (offenses at age 16-17) costs $52.50. Petitions to expunge a dismissal under G.S. 15A-146 carry a $175 fee only when the dismissal followed a deferred prosecution agreement or conditional discharge, and the costs of expunging records are not charged to the petitioner. These fees do not apply to petitions filed by an indigent person. Automatic expunctions under G.S. 15A-146(a4) need no petition.

Sources: N.C. Gen. Stat. § 15A-145.5 (ncleg.gov) (§ 15A-145.5(g)); N.C. Gen. Stat. § 15A-145 (ncleg.gov) (§ 15A-145(e)); N.C. Gen. Stat. § 15A-145.8A (ncleg.gov) (§ 15A-145.8A(h)); N.C. Gen. Stat. § 15A-146 (ncleg.gov) (§ 15A-146(d); § 15A-146(b); § 15A-146(a4))

Routes and conditions to check

✓Dismissed charges or not-guilty verdicts (G.S. 15A-146) — no limit on number, no waiting period
✓One nonviolent misdemeanor conviction (Class 1, 2, or 3) — 3-year waiting period (G.S. 15A-145.5)
✓Multiple nonviolent misdemeanor convictions — 7-year waiting period (G.S. 15A-145.5)
✓One nonviolent felony conviction (Class H or I) — 10-year waiting period (G.S. 15A-145.5)
✓Felony breaking and entering (G.S. 14-54(a)) — 15-year waiting period (G.S. 15A-145.5)
✓Two or three nonviolent felony convictions for offenses committed within the same 24-month period — 20-year waiting period (G.S. 15A-145.5)
✓Non-traffic misdemeanor committed before age 18 — 2-year waiting period (G.S. 15A-145)
✓Nonviolent Class H or I felony committed before age 18 — 4-year waiting period (G.S. 15A-145.4)
✓Certain drug possession offenses committed before age 22 — 1-year waiting period (G.S. 15A-145.2)
✓Prostitution offenses by trafficking victims (G.S. 15A-145.6)

Exclusions and limits to check

✗Class A through G felonies (serious/violent felonies)
✗Class A1 misdemeanors (assault-related, sexual battery, stalking, etc.)
✗Sex offenses requiring registration under the Sex Offender Registry
✗Impaired driving (DWI/DUI) convictions
✗Assault-based offenses (assault on a female, assault by strangulation, etc.)
✗Possession with intent to sell/deliver cocaine
✗Methamphetamine or heroin felonies
✗Indecent exposure or stalking convictions
✗Hate crimes
✗More than three felony convictions total
✗Two or three felonies with offenses separated by more than 24 months
✗Federal or out-of-state convictions (NC courts cannot expunge these)

Waiting Periods

Dismissed charges or not-guilty verdicts	No waiting period
One nonviolent misdemeanor (G.S. 15A-145.5)	3 years after conviction or sentence completion, whichever is later (reduced from 5 years effective July 9, 2025)
Multiple nonviolent misdemeanors (G.S. 15A-145.5)	7 years after last conviction or sentence completion, whichever is later
One nonviolent Class H/I felony (G.S. 15A-145.5)	10 years after conviction or sentence completion, whichever is later
Felony breaking and entering — G.S. 14-54(a)	15 years after conviction or sentence completion, whichever is later
Two or three nonviolent felonies within 24-month period (G.S. 15A-145.5)	20 years after most recent conviction or sentence completion, whichever is later
Non-traffic misdemeanor committed before age 18 (G.S. 15A-145)	2 years after conviction or after any probation is completed, whichever is later
Nonviolent Class H/I felony committed before age 18 (G.S. 15A-145.4)	4 years after conviction or after any active sentence, probation and post-release supervision is served, whichever is later (plus at least 100 hours of community service)
Drug possession before age 22 (G.S. 15A-145.2)	1 year after conviction

Step-by-Step Process

Determine eligibility

Confirm your charge or conviction qualifies under one of the NC expunction statutes. Check the offense class, your age at the time of offense, waiting period, and whether you have any disqualifying prior convictions or pending charges. Multiple statutes may apply — choose the one most favorable to your situation.

Obtain your criminal record

Get a copy of your criminal record through the NC Courts online portal or at the courthouse in the county where you were charged or convicted. You will need the exact case number(s) for your petition.

Complete the correct AOC petition form

Download and fill out the AOC-approved petition form specific to your expunction type from nccourts.gov. Each statute has its own form (e.g., AOC-CR-298 for G.S. 15A-145.5 misdemeanors). Some petitions require affidavits of good character.

File the petition with the clerk of court

File the completed petition at the clerk of court's office in the county where you were charged or convicted. Pay the $175 filing fee (no fee for dismissed charges or acquittals; fee waiver available for indigency). The clerk will forward orders for background checks to the AOC and SBI.

Background checks and DA notification

The AOC checks for prior expunctions and the SBI checks for prior convictions. The district attorney must be served with the petition for most conviction-based expunctions. The DA may support or oppose the petition.

Attend hearing (if required)

Some expunctions (especially felonies) require a hearing where the judge assesses good character and rehabilitation. Dismissed-charge and single-misdemeanor expunctions often proceed on the paperwork alone. If the court finds you meet all statutory requirements, the judge must grant the expunction (mandatory for most types; discretionary for felony convictions).

Record deletion and sealing

Once granted, the court order directs agencies to purge their records. Court records are electronically sealed. The SBI, law enforcement, DMV, and other agencies must delete entries related to the expunged case. Processing may take several months after the order is issued.

Automatic Expunction of Dismissed Charges (G.S. 15A-146(a4))

Since December 1, 2021 (with a suspension from August 2022 to July 2024 for technical fixes), North Carolina automatically expunges certain dismissed charges and acquittals under G.S. 15A-146(a4) without requiring a petition.

Scenario	Timing and conditions
All charges in a case dismissed without leave or result in not-guilty verdict (disposed on or after Dec. 1, 2021)	Between 180 and 210 days after final disposition (automatic, no petition needed)
Charges dismissed by the court	Between 180 and 210 days after final disposition (automatic, no petition needed)
Not-guilty or not-responsible findings	Between 180 and 210 days after final disposition (automatic, no petition needed)

Costs

Filing fee: $175 for most conviction expunctions (e.g., G.S. 15A-145, 15A-145.5); $52.50 under G.S. 15A-145.8A; no fee for most dismissals and not-guilty findings, but $175 to expunge a dismissal after a deferred prosecution or conditional discharge. Fees do not apply to indigent petitioners.
Fee waiver: Available for indigent petitioners — file an Affidavit of Indigency with the court
Attorney (optional): $500–$1,500+ typical range depending on complexity (optional but recommended for convictions)

Legal Aid of North Carolina offers free assistance through the Second Chance Project (1-866-219-5262). Additional costs may include certified record copies, notary fees, and mailing expenses. The filing fee is non-refundable even if the petition is denied.

Timeline

With attorney: 3–6 months
Standard: 6–12 months

Timeline varies by county and depends on the time required for SBI and AOC background checks and scheduling a hearing. Dismissed-charge expunctions may be faster; felony expunctions typically take longer.

Effects of the relief

✓Restores the person to the legal status they held before the arrest, charge, or conviction occurred
✓Requires deletion or sealing of government records (court, SBI, law enforcement, DMV)
✓Allows you to legally deny the arrest, charge, or conviction ever happened without committing perjury (with limited exceptions)
✓Prohibits employers and educational institutions from asking about expunged matters
✓Employers who violate the prohibition are subject to fines from the NC Commissioner of Labor
✓May restore firearm rights for expunged felony convictions under both state and federal law
✓Private companies receiving bulk criminal data from AOC must delete expunged information upon notice

Limits of the relief

✗Does NOT prevent federal immigration authorities from considering the expunged conviction
✗Does NOT remove digital remnants from private websites, news articles, or non-governmental databases (you must contact those entities separately)
✗Does NOT prevent prosecutors from using expunged convictions to calculate prior record level at sentencing
✗Does NOT prevent expunged convictions from being used for habitual-offender determinations
✗Does NOT require destruction of DNA records or fingerprints taken after a conviction (only after dismissals/acquittals)
✗Does NOT apply to federal or out-of-state convictions — only NC state charges
✗Does NOT guarantee that other states or jurisdictions will honor the expunction

Other Relief Options in North Carolina

Certificate of Relief (G.S. 15A-173.2)

Available 12 months after sentence completion for those with no more than three Class H/I felonies and any number of misdemeanors. Relieves certain collateral consequences (licensing bars, employment restrictions) but does NOT expunge the record, restore gun rights, or remove sex offender registration.

Governor's Pardon

The Governor may issue a Pardon of Innocence (which authorizes an expunction), a Pardon of Forgiveness, or an Unconditional Pardon. Pardons are rare and typically require years of demonstrated rehabilitation.

Motion for Appropriate Relief (MAR)

A court motion to reopen and potentially dismiss old convictions based on legal errors or new evidence. Not an expunction itself, but a successful MAR may result in a dismissal that is then eligible for expunction.

Frequently Asked Questions

How much does an expunction cost in North Carolina?: The court filing fee is $175 for most conviction-based expunctions ($52.50 for expunctions under G.S. 15A-145.8A). There is generally no filing fee for expunging dismissed charges or not-guilty verdicts, except that a $175 fee applies to dismissals that followed a deferred prosecution agreement or conditional discharge. Fee waivers are available for those who cannot afford the filing fee by submitting an Affidavit of Indigency. If you hire an attorney, expect to pay $500–$1,500 or more depending on case complexity. Legal Aid of North Carolina's Second Chance Project offers free help (call 1-866-219-5262).
How long does an expunction take in North Carolina?: Most expunctions take 6–12 months from filing to completion. The process includes background checks by the SBI and AOC, possible DA review, and potential court hearings. Simple dismissed-charge expunctions may be faster (3–6 months). With an attorney, the process is often more efficient. Automatic expunctions of eligible dismissed charges and not-guilty verdicts happen between 180 and 210 days after final disposition.
Can a felony be expunged in North Carolina?: Yes, but only nonviolent Class H or I felonies — the two lowest felony classes. You must wait 10 years after conviction or sentence completion (15 years for breaking and entering). Two or three nonviolent felonies committed within a 24-month period can be expunged after 20 years. Class A through G felonies, sex offenses, and violent crimes are not eligible. Unlike misdemeanor expunctions, felony expunctions are discretionary — the judge decides whether to grant them.
What is the difference between expunction and expungement in North Carolina?: There is no difference — North Carolina law uses both terms interchangeably. The state's official statutes (G.S. 15A-145 et seq.) use 'expunction,' but 'expungement' is equally common in everyday usage. Both refer to the same legal process of removing and sealing criminal records.
Does North Carolina have automatic expunction?: Yes, for some non-conviction records. For cases in which every charge was disposed on or after December 1, 2021 and was dismissed without leave, dismissed by the court, or ended in a not guilty or not responsible finding, the charges are expunged automatically by operation of law 180 to 210 days after final disposition under G.S. 15A-146(a4). No petition is required. Cases with a felony charge dismissed under a plea agreement are excluded. Automatic expunctions were paused by statute from August 1, 2022 until July 1, 2024.
Does expunction restore gun rights in North Carolina?: Generally yes. NC felony expunction statutes remove state-law disabilities, which includes the state firearms ban. Under federal law, an expunged conviction does not count as a conviction for the federal felony firearms ban if the expunction fully nullifies the conviction. However, the interaction between state expunction and federal firearms law can be complex, so consult an attorney for your specific situation.
Can I expunge a DWI (DUI) in North Carolina?: No. Impaired driving convictions (DWI/DUI) are explicitly excluded from expunction eligibility under G.S. 15A-145.5. However, if a DWI charge was dismissed or you were found not guilty, the charge itself can be expunged under G.S. 15A-146.
What changed in 2025 for NC expunction law?: Effective July 9, 2025, S.L. 2025-71 reduced the waiting period for expunging a single nonviolent misdemeanor conviction from 5 years to 3 years under G.S. 15A-145.5. Additionally, effective December 1, 2025, S.L. 2025-93 amended G.S. 15A-1008 so that charges dismissed because a defendant lacks capacity to proceed (dismissals on or after December 1, 2025) cannot be expunged under G.S. 15A-146, either automatically or by petition.

Take Action — Direct Links

Court petition/form
NC Judicial Branch expunction forms — all AOC petition forms and instruction sheets organized by statute (AOC-CR-287, AOC-CR-298, etc.)
Criminal record request
NC State Bureau of Investigation personal review — request your own non-certified criminal record via fingerprint card and mail ($14 fee)
Free legal aid
Legal Aid of North Carolina Second Chance Project — free expunction assistance and driver's license restoration for eligible low-income residents (call 1-866-219-5262)
Court self-help center
NC Judicial Branch expunctions help topic — complete guide to all expunction statutes, eligibility requirements, forms table, and filing instructions
Statute full text
G.S. 15A-145.5 — full text of North Carolina's primary expunction statute for nonviolent misdemeanors and felonies (PDF from ncleg.gov)