Expunging or Sealing a Felony in North Carolina

Up to three nonviolent felonies can be expunged by petition. The wait is 10 years for one felony (15 years for one felony breaking or entering under G.S. 14-54(a)), or 20 years for two or three felonies, counted from the conviction or the end of the sentence, probation or post-release supervision, whichever is later. Two or three felonies must have been committed within the same 24-month period. Not eligible: Class A through G felonies, assault offenses, offenses requiring sex offender registration, felonies involving methamphetamine, heroin or selling cocaine, felonies committed with a commercial motor vehicle, certain hate-crime and other listed offenses, and attempts to commit them. The court may grant the petition if the person is of good moral character, has had no misdemeanor (other than traffic) in the past 5 years and no other felony during the waiting period, and meets the other conditions.

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.

Expunction clears the public record so that the person may leave the expunged charge or conviction off responses to potential employers and others, and records checks will not show it. A person is not guilty of perjury or false statement for not mentioning it. Employers and schools may not require applicants to disclose expunged records or knowingly ask about them; violations can bring civil penalties after a first warning. State and local agencies must tell applicants they need not mention expunged records and may not deny an application only for not disclosing them. Exceptions: applicants for law-enforcement certification must disclose expunged convictions, and certain agencies may still get confidential expunction records.