North Carolina
North Carolina Expungement Laws: Expunction Guide (2026)
North Carolina uses the term "expunction" rather than expungement. Its laws are codified in Chapter 15A, Article 5 of the General Statutes and govern who qualifies, how long they must wait, and which records may be cleared from public view.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers North Carolina state expunction law only. For a comparison across all states, see Expungement Laws by State.
What Is Expunction in North Carolina?
North Carolina's expunction statutes, found in Chapter 15A, Article 5 of the General Statutes, authorize courts to order the destruction of criminal records under specific conditions. Once an expunction is granted, the affected arrest, charge, or conviction is removed from court files, law enforcement records, and public repositories. The person may legally deny that the matter occurred, subject to narrow exceptions for licensing boards, certain government employers, and federal immigration proceedings (G.S. § 15A-151 and § 15A-152). The process is called "expunction" in North Carolina statutes, though the term "expungement" is widely used interchangeably by practitioners and the public. North Carolina courts have long recognized expunction as a remedy that restores a person's ability to obtain employment, housing, and professional licenses without the stigma of a prior record.
The 2020 Second Chance Act: What Changed
The General Assembly passed S.L. 2020-35, known as the Second Chance Act, in June 2020 with unanimous bipartisan support. Most provisions took effect December 1, 2020. The law made three significant changes to expunction eligibility. First, it removed the prior bar on expunging dismissed or acquitted felony charges, allowing any misdemeanor or felony charge that did not result in a conviction to become eligible for expunction under G.S. § 15A-146. Second, it amended G.S. § 15A-145.5 to allow petitions covering multiple nonviolent misdemeanor convictions (up to the statutory limit) and up to three nonviolent felony convictions in a single petition. Third, effective December 1, 2021, the Act added subsection (a4) to G.S. § 15A-146, creating automatic expunction by operation of law for qualifying dismissed and not-guilty cases, eliminating the need to file a petition for those charges. The Administrative Office of the Courts (AOC) is responsible for implementing automatic expunctions within a 180-to-210-day window after final disposition.
Automatic Expunction of Dismissed and Acquitted Charges
Under G.S. § 15A-146(a4), North Carolina automatically expunges certain criminal records without any action by the defendant. Automatic expunction applies when all of the following conditions are met: all charges in the case were disposed on or after December 1, 2021; all charges in the case were dismissed without leave, dismissed by the court, or resulted in a finding of not guilty or not responsible; and no felony charge in the case was dismissed as part of a plea agreement (S.L. 2020-35, codified at G.S. § 15A-146(a4)). Effective December 1, 2025, S.L. 2025-93 (Iryna's Law) added a further condition: a dismissal by the court of a charge against a defendant found incapable to proceed under G.S. § 15A-1008 is not eligible for automatic expunction. A voluntary dismissal by the prosecutor of the same charge remains eligible. When eligible, the AOC automatically expunges the records 180 to 210 days after final disposition. No petition, no court appearance, and no filing fee is required. Note: S.L. 2024-35, effective July 8, 2024, restored automatic expunctions after a legislative pause that ran from August 2022 through early 2024. Cases disposed on or after December 1, 2021 that were caught in that pause are being processed retroactively. For charges that do not qualify for automatic expunction (including pre-December 1, 2021 dismissals and cases with a plea-bargained felony dismissal), a person may still petition the court under G.S. § 15A-146(a) or (a1) with no filing fee.
Expunction of Nonviolent Convictions Under G.S. § 15A-145.5
G.S. § 15A-145.5 governs expunction of older nonviolent misdemeanor and felony convictions with no age limitation. A "nonviolent" offense is defined by statute as one that is not a Class A through G felony, not a Class A1 misdemeanor, does not include assault as an essential element, does not require sex offender registration, and is not an impaired driving offense. Current waiting periods, measured from the date of conviction or the date all active sentences, probation, and post-release supervision end (whichever is later), are as follows: one nonviolent misdemeanor conviction requires 3 years (reduced from 5 years by S.L. 2025-71, effective July 9, 2025 for petitions filed on or after that date); multiple nonviolent misdemeanor convictions require 7 years from the most recent conviction; one nonviolent felony (Class H or I, not breaking and entering under G.S. § 14-54(a)) requires 10 years; one conviction under G.S. § 14-54(a) requires 15 years; and two or three nonviolent felony convictions that occurred within a 24-month period require 20 years from the most recent conviction. For misdemeanor petitions, the court must grant relief if all statutory requirements are satisfied. For felony petitions, the court has discretion to deny and must provide written reasons for denial.
Who Is Ineligible for Expunction?
Several categories of offenses and persons are categorically ineligible for expunction under G.S. § 15A-145.5. Offenses that cannot be expunged include: Class A through G felonies (murder, rape, robbery, and other serious violent crimes); Class A1 misdemeanors (the most serious misdemeanor class under North Carolina's structured sentencing scheme); any offense that includes assault as an essential element; any offense requiring registration on the North Carolina Sex Offender Registry, whether or not the person is currently registered; impaired driving offenses under Chapter 20 of the General Statutes, including DWI; offenses involving methamphetamine, heroin, or cocaine (certain specific drug felonies under G.S. § 90-95); and offenses involving the use of a commercial vehicle. A person also cannot receive a second expunction under G.S. § 15A-145.5 for the same offense category (misdemeanor or felony) if a prior expunction under that statute was already granted after December 1, 2021. Outstanding warrants, pending criminal indictments, or unsatisfied restitution orders will disqualify a petitioner regardless of offense type.
How to File for Expunction in North Carolina
To petition for expunction of a conviction under G.S. § 15A-145.5, a person must use the AOC-approved form for the relevant offense type (form AOC-CR-298 for nonviolent misdemeanors, form AOC-CR-297 for nonviolent felonies) available at nccourts.gov. The petition is filed with the Clerk of Superior Court in the county where the conviction occurred. The filing fee is $175 for conviction-based petitions (no fee for dismissed-charge petitions under G.S. § 15A-146). The petitioner must demonstrate good moral character and certify no disqualifying convictions during the waiting period. Upon filing, the Clerk serves the petition on the district attorney, who has 30 days to file a written objection. The SBI (State Bureau of Investigation) and AOC conduct record checks. Most courts schedule a hearing, though some grant petitions without one. Processing typically takes 60 to 120 days from filing to order. Once granted, certified copies of the expunction order go to law enforcement agencies, the SBI, and the AOC, which updates the statewide criminal records system (G.S. § 15A-150).
Disclaimer: This article provides general legal information about North Carolina expunction law as of May 29, 2026. Laws and procedures may have changed. This is not legal advice. Consult a licensed North Carolina attorney before filing any petition or making decisions based on this information.
Related Articles
- Expungement Laws by State (hub page covering all 50 states)
- DUI Expungement by State: Which States Allow It?
- How to Check If Your Record Has Been Expunged
RecordingLaw.com provides general legal information, not legal advice. For advice specific to your situation, consult a licensed North Carolina attorney.
More North Carolina Laws
Frequently Asked Questions
How do you expunge your record in North Carolina?
To expunge a conviction, file the AOC-approved petition form with the Clerk of Superior Court in the county of conviction, pay the $175 filing fee, and satisfy the applicable waiting period under G.S. § 15A-145.5. For dismissed or not-guilty charges disposed on or after December 1, 2021, no filing is necessary. Expunction occurs automatically 180 to 210 days after case disposition under G.S. § 15A-146(a4), provided the dismissal is not a court-ordered dismissal for incapacity to proceed.
What is the NC Second Chance Act?
The NC Second Chance Act (S.L. 2020-35), signed June 25, 2020, expanded expunction eligibility in three main ways: it removed the prior bar on expunging dismissed felony charges, allowed petitions covering multiple nonviolent misdemeanor and felony convictions, and created automatic expunction of dismissals and acquittals for charges disposed on or after December 1, 2021.
What does G.S. 15A-145.5 cover?
G.S. § 15A-145.5 covers expunction of nonviolent misdemeanor and felony convictions with no age restriction. It sets waiting periods of 3 years (single misdemeanor), 7 years (multiple misdemeanors), 10 years (single nonviolent felony), 15 years (breaking and entering felony), or 20 years (two to three felonies). Class A through G felonies, Class A1 misdemeanors, DWI, and assault-element offenses are excluded.
How many expunctions can you get in North Carolina?
There is no blanket lifetime limit. However, under G.S. § 15A-145.5, a person who has already received one expunction of a nonviolent misdemeanor after December 1, 2021 cannot get another misdemeanor expunction under that section, and the same rule applies to felonies. Dismissed-charge expunctions under G.S. § 15A-146 have no prior-expunction bar. Different expunction statutes have their own rules, so it is possible to receive expunctions under more than one statute.
How long does it take to get an expunction in North Carolina?
After you file a petition, processing typically takes 60 to 120 days from filing to a signed court order. The district attorney has 30 days to object, and the SBI and AOC conduct background checks before a hearing is scheduled. Automatic expunctions under G.S. § 15A-146(a4) take 180 to 210 days from the date of final case disposition and require no action by the defendant.
Can a DWI be expunged in North Carolina?
No. Impaired driving (DWI) convictions are specifically excluded from expunction under G.S. § 15A-145.5 and cannot be expunged in North Carolina. This exclusion has been in place since the Second Chance Act amendments effective December 1, 2021.
Are felonies expungeable in North Carolina?
Certain felonies are expungeable. Class H and I felonies (the two least serious felony classes) that are not among the specifically excluded offense types may be expunged under G.S. § 15A-145.5 after a 10-year waiting period (or 20 years for two to three felonies). Class A through G felonies, felonies with assault elements, felonies requiring sex offender registration, and certain specific drug felonies cannot be expunged.
Does expunction in North Carolina apply to federal records?
No. A North Carolina state court expunction order does not reach federal criminal records, federal agency databases, or immigration records maintained by federal authorities. If you have federal charges or convictions, you would need separate federal relief, which is extremely limited. North Carolina courts can only expunge records held by state and local agencies.
Sources and References
- G.S. § 15A-145.5, Expunction of certain misdemeanors and felonies; no age limitation(ncleg.gov)
- G.S. § 15A-146, Expunction of records when charges are dismissed or there are findings of not guilty(ncleg.gov)
- Session Law 2020-35 (Second Chance Act)(ncleg.gov)
- Session Law 2024-35 (restoration of automatic expunctions)(ncleg.gov)
- Session Law 2025-93 (Iryna's Law; excludes incapacity-to-proceed dismissals from automatic expunction)(ncleg.gov)
- Expunctions(nccourts.gov)
- Older Nonviolent Misdemeanor and Felony Convictions(sog.unc.edu)
- Procedure to Obtain an Expunction(sog.unc.edu)
- Dismissal or Finding of Not Guilty(sog.unc.edu)
- Expunction Changes and Updated Expunction Guide for 2026(nccriminallaw.sog.unc.edu)