CONVICTIONS:

  1. Misdemeanors: Expunction of one nonviolent misdemeanor conviction after 5 years (“nonviolent” defined as not a Class A1 misdemeanor), more than one nonviolent misdemeanor conviction after 7 years if nonviolent misdemeanors (15A-145.5(a)) upon petition after 5 years wait-period starting at completion of sentence if clean (no convictions other than traffic offense) (15A-145.5(c)).
  2. Felonies: Expunction of one nonviolent felony conviction (“nonviolent” defined as not a Class A-G felony 15A-145.5(a)) upon petition after 10 year wait-period, two or three nonviolent felony convictions (committed within 24 months) after 20 years starting at completion of sentence if clean (no conviction other than traffic offense during the 5 prior years) (1N.C. Gen Stat. § 15A-145.5(c) (2021)).
  3. Not Eligible: Class A-G Felonies (15A-145.5(a)(1)), Class A-1 misdemeanors (at (1)), DWI (at (8a)), offenses requiring Sex Offender Registration (at 3 and 4), and many drug offenses (at (5)), any offenses where assault is an essential element (at 2) (15A-145.5(a)).
  4. Lifetime and Other Limits: Only one expunction per lifetime 15A-145.5(c) [cannot be modeled]
  5. Treatment of Multiple Convictions from the Same Incident: Treat as a single conviction for the purposes of expunction, need to file in a single petition. 15A-145.5(b)
  6. LFO Payment Required for Sentence Completion: Yes, Payment Required 15A-145.5(c)
  7. Other Unmodeled Criteria or Details:
  1. Juvenile Offenses: Expunction for first offenders who committed certain specified nonviolent felonies when under 18, upon petition, after four year waiting-period from completion of sentence. (N.C. Gen. Stat. § 15A-145.4 (2018)).
  2. Expunction for misdemeanors committed under age 18 (except for traffic violations) and first offender alcohol-possession misdemeanors committed under age 21 are eligible for expunction, upon petition, two years after the date of conviction completion of sentence, whichever is later. (N.C. Gen Stat. § 15A-145(a) (2017)).

NON-CONVICTIONS:

  1. Misdemeanors/Felonies: Automatic expunction Expunction available for misdemeanors and felonies if charges dismissed or found not guilty, upon petition with no wait time (except for felony charges dismissed pursuant to a plea agreement). GN.C. Gen Stat. § 15A-146(a4) NC. Gen. Stat. § 15A-146(a) (202017).
  2. Lifetime and Other Limits: Expunction available for multiple non-convictions, with no stated limit on number or lifetime limit on petitions. NC. Gen. Stat. § 15A-146(a)(a1) (2017).
  3. Not Eligible: Expunction not available for non-conviction if prior felony conviction. NC. Gen. Stat. § 15A-146(a) (2017).