How to File for Expungement in North Carolina
How to apply to clear a criminal record in North Carolina: the petition, court, fee and fee waiver, and what happens at the hearing.
Short answer: 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… N.C. Gen. Stat. § 15A-145.5(c1), (c4)
| 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. |
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| Filing fee | A petition to expunge nonviolent misdemeanor or felony convictions costs $175, paid to the clerk of superior court at filing. The fee does not apply to petitions filed by indigent people. The costs of expunging dismissed or not-guilty charges, and records after a pardon of innocence, are not charged to the petitioner. |
| Arrests and dismissed charges | Cases in which every charge was dismissed (other than a felony dismissed under a plea agreement) or ended in a not-guilty or not-responsible finding, with all charges disposed of on or after December 1, 2021, are expunged automatically 180 to 210 days after the final disposition. For other dismissed charges or not-guilty findings, the person or the district attorney may petition the court in the county where the charge was brought. The court must order expunction once it confirms the dismissal or not-guilty finding, usually without a hearing. The costs of expunging these records are not charged to the petitioner. |
| Getting a copy of your criminal record | The North Carolina State Bureau of Investigation (SBI) provides a fingerprint-based check of your own North Carolina record, called a Right to Review, using its Request for Access to Criminal History Record Information - Right to Review form (English and Spanish). The NC state check costs $14 and the result comes as a response letter on SBI letterhead. A national check is separate: request an Identity History Summary from the FBI (listed at $18) from the FBI CJIS Division, 1000 Custer Hollow Road, Clarksburg, WV 26306. |
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
- Clearing a DUI From Your Record in North Carolina
- Sealing or Expunging Juvenile Records in North Carolina
- All North Carolina expungement & criminal records rules
FAQ
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.
How much does expungement cost in North Carolina?
A petition to expunge nonviolent misdemeanor or felony convictions costs $175, paid to the clerk of superior court at filing. The fee does not apply to petitions filed by indigent people. The costs of expunging dismissed or not-guilty charges, and records after a pardon of innocence, are not charged to the petitioner.
Can you clear an arrest or dismissed charge in North Carolina?
Cases in which every charge was dismissed (other than a felony dismissed under a plea agreement) or ended in a not-guilty or not-responsible finding, with all charges disposed of on or after December 1, 2021, are expunged automatically 180 to 210 days after the final disposition. For other dismissed charges or not-guilty findings, the person or the district attorney may petition the court in the county where the charge was brought. The court must order expunction once it confirms the dismissal or not-guilty finding, usually without a hearing. The costs of expunging these records are not charged to the petitioner.
How do I check my own criminal record in North Carolina?
The North Carolina State Bureau of Investigation (SBI) provides a fingerprint-based check of your own North Carolina record, called a Right to Review, using its Request for Access to Criminal History Record Information - Right to Review form (English and Spanish). The NC state check costs $14 and the result comes as a response letter on SBI letterhead. A national check is separate: request an Identity History Summary from the FBI (listed at $18) from the FBI CJIS Division, 1000 Custer Hollow Road, Clarksburg, WV 26306.
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.