Sealing and Expunging Criminal Records in North Carolina

Having a criminal record can sometimes impede employment, education, housing, insurance, immigration, financial benefits, and other essential opportunities. Therefore, individuals convicted of crimes in North Carolina often seek relief by petitioning the North Carolina Courts to seal or destroy these records. North Carolina has various laws regarding the expungement of certain adult criminal records and juvenile delinquency records.

However, not all criminal records can be expunged. According to provisions set in the NC General Statutes, conditions under which convicted parties may request their records be sealed or expunged include:

• Certain misdemeanors or felonies committed before 18/22 years of age
• “Not guilty” dispositions with no prior convictions
• First-time convictions of nonviolent offenses
• Five years following the conviction or completion of sentences for nonviolent misdemeanors
• Ten years after the conviction or completion of sentences for nonviolent felonies

The Difference Between Sealing and Expunging Criminal Records

When a criminal record is sealed, it is restricted from public access. The records still exist, but no individual or entity may access them unless permitted to do so by a court order. When a criminal record is expunged, all physical and electronic copies of the record are destroyed permanently.

What Crimes Can Be Expunged in North Carolina?

Article 5 of the NC General Statutes establishes several conditions under which criminal records may be sealed or expunged, including the types of crimes under this purview. Crimes that may be expunged in North Carolina include:

Underage and first-offender crimes:

• Non-traffic misdemeanor convictions under 18 years of age
• Misdemeanor possession of alcohol convictions under 21 years of age
• Certain gang offenses under 18 years of age
• Drug charges that were dismissed or the defendant acquitted under the age of 21
• Toxic vapor or drug paraphernalia offenses that were dismissed, or the defendant was acquitted under the age of 21
• Nonviolent felony and misdemeanor convictions under the age of 18 with no prior convictions other than traffic violations
• Juvenile adjudication when charges are remanded to a district court

All ages:

• Nonviolent felonies and misdemeanors
• Prostitution offenses
• Convictions after pardons of innocence
• Certain crimes committed by human trafficking victims
• Dismissed or not-guilty criminal charges (misdemeanors, felonies, or infractions) prior to December 1, 1991
• Dismissed or not-guilty charges of identity theft or mistaken identity
• DNA records, after the dismissal of charges upon appeal or pardon of innocence

Can a Felony Be Expunged in North Carolina?

Yes. In North Carolina, certain non-violent felonies may be expunged. In light of the North Carolina Second Chance Act (SB562), up to three non-violent felony convictions may be expunged after a 20-year waiting period. One non-violent felony may be expunged after waiting 10 years from the date the individual completed their sentence, including probation. Moreover, if the defendant's charge was dismissed or there was a not guilty verdict, under the Second Chance Act, expungement is available without waiting periods.

However, expungement is not meant to conceal the criminal records of those with extensive criminal histories who have not demonstrated rehabilitation. The judge may exercise discretion to grant the petition for expungement or take other action. Also, certain drug crimes, sex crimes, and all violent felonies are excluded.

The conditions under which felony convictions may be expunged in North Carolina are:

• The individual has completed the mandatory waiting period of 10 years for one conviction or 20 years for up to three convictions.
• The individual has completed parole, probation, or supervised release.
• The individual has maintained a clean record during the waiting period.
• The convictions are non-violent and not sexual offenses.

How to Expunge Criminal Records in North Carolina

Eligible parties may begin the expungement process of their criminal records by visiting the North Carolina Judiciary’s website for applicable petition forms. These forms are available on the forms page of the website. It is crucial to use the specific petition form that fits the statute under which expungement is possible for the criminal record. Some forms may require additional documents. After completing the form and attaching the necessary documents (if applicable), applicants typically file it with the Clerk of Court in their county of arrest. However, it is essential to contact the clerk beforehand to inquire about filing procedures, as this may differ by county. The fee for filing a petition is $175; however, not all expunctions have filing fees. Individuals who cannot afford the set amount may request to file a Petition to Proceed as Indigent. Expunctions usually take several months to approve as the process involves forwarding to various state agencies and, in some cases, an appearance before a judge to determine good character. As a result, an applicant may opt to hire an attorney in this regard. The Clerk of Court can also assist with expungement procedures.

Once an expunction order is approved, the Clerk of Court furnishes the applicant with a copy of the order. It is not possible to obtain this order afterward, as it typically is destroyed. However, parties who filed petitions on or after December 1, 2017, may request and obtain verification certificates of former expunctions from the North Carolina Administrative Office of the Courts (NCAOC). This request may be mailed using the Application for Certificate of Verification of Prior Expunction Form. For denied petitions, the applicant must contact an attorney immediately if they choose to appeal, as there is a limited window to do so.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that can be used for filtering specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability cannot be guaranteed.

How to Seal a Criminal Record in North Carolina

In North Carolina, sealing a criminal record is equivalent to expunging it. Interested parties may use the expungement process to clear their records, provided the records are eligible for sealing under the state’s expungement laws.

Do Sealed Records Show up In North Carolina Background Checks?

No. Sealed or expunged records do not show up in North Carolina background checks. Once a criminal record is expunged under provisions set in the NC General Statutes, the record ceases to exist. An order is issued from the presiding court to all public agencies that hold these records to destroy all physical and electronic records. In the rare instance that a public agency discloses an expunged record, the individual may contact the clerk of the court’s office in the county where the expunction occurred to report the incident. However, the expunction order may not remove this information from private sources that already have those records. If the record originated from a private agency, the subject of the record might contact the agency to request that the record be removed.

It is still possible for some charges on a criminal record to appear if the expungement order did not cover those charges. This may occur as a result of multiple charges on a record or when those charges are not expungeable by law.

Who Can See Sealed/Expunged Criminal Records in North Carolina?

According to Article 5, Chapter 15A–153, when a criminal record is sealed or expunged in the state, all arrests, convictions, and charges are destroyed from the record. However, information on expunged records can still be accessed by eligible parties. The North Carolina Administrative Office of the Courts (NCAOC) maintains a confidential file containing the names of people who have received expunctions. This information is available to judges, prosecutors, and law enforcement agencies, as given by Article 5, Chapter 15A–151, and 15A–151.5 of the NC General Statutes.

How Can I Get My Record Expunged for Free in North Carolina?

Although the process of obtaining an expungement in North Carolina is free, there are some costs associated with the overall process. First, petitioners need to pay a filing fee of $175. For individuals filing for more than one expungement or those with a complex record, costs can rise.

However, there are fee waivers available for individuals whose cases were dismissed or those found not guilty. Such individuals are eligible for expungement without incurring the filing fee. Moreover, indigent petitioners may file an affidavit of indigency, and the court could waive the fees. Moreover, there are provisions for pro-bono or low-cost services.

In addition to filing fees, other costs may include certified copies of court records, notary fees for affidavits, and the cost of mailing court documents. Additionally, if the petitioner chooses to hire an attorney, there may be additional costs that apply depending on the complexity of the case. Legal fees for a simple dismissal or a not-guilty verdict are the lowest, while older convictions and multiple charges typically incur higher costs.

Typically, expungement petitions in North Carolina include:

• The petitioner's name
• Date of birth
• Social Security Number
• Date of arrest
• Charges for which expungement is sought
• Case disposition

How to Obtain Sealed Records in North Carolina

It is generally not possible to obtain sealed or expunged records in North Carolina without authorization. At most, what can be obtained, as seen in Article 5, Chapter 15A–151, and 15A–151.5 of the NC General Statutes, are the names of individuals who received expunctions and petitions that were granted.