Clearing a DUI From Your Record in North Carolina
Whether a DUI or DWI conviction can be expunged or sealed in North Carolina, and what to do instead if it can't.
Short answer: No. An offense involving impaired driving cannot be expunged under the nonviolent misdemeanor and felony expunction law. N.C. Gen. Stat. § 15A-145.5(a1)
| DUI / DWI convictions | No. An offense involving impaired driving cannot be expunged under the nonviolent misdemeanor and felony expunction law. Source: N.C. Gen. Stat. § 15A-145.5(a1) |
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| How to apply | For conviction expunction, file a petition in the court of the county of conviction. It must include the person's affidavit of good moral character and of no disqualifying convictions, affidavits from two unrelated people vouching for the person's good character, an affidavit of no outstanding restitution, and an Administrative Office of the Courts application authorizing state and national criminal record checks. The petition is served on the district attorney, who has 30 days to object (extendable by 30 days), and the DA tries to notify any victim, who may attend the hearing. If convictions are in several counties, all petitions must be filed within 120 days. |
Where to get help in North Carolina
More North Carolina expungement & criminal records
- Getting a Copy of Your North Carolina Criminal Record
- Expunging or Sealing a Felony in North Carolina
- How to File for Expungement in North Carolina
- Sealing or Expunging Juvenile Records in North Carolina
- All North Carolina expungement & criminal records rules
FAQ
Can a DUI be expunged in North Carolina?
No. An offense involving impaired driving cannot be expunged under the nonviolent misdemeanor and felony expunction law.
How do you file for expungement in North Carolina?
For conviction expunction, file a petition in the court of the county of conviction. It must include the person's affidavit of good moral character and of no disqualifying convictions, affidavits from two unrelated people vouching for the person's good character, an affidavit of no outstanding restitution, and an Administrative Office of the Courts application authorizing state and national criminal record checks. The petition is served on the district attorney, who has 30 days to object (extendable by 30 days), and the DA tries to notify any victim, who may attend the hearing. If convictions are in several counties, all petitions must be filed within 120 days.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.