By Will Miller, Attorney at law

Having a criminal record (even if you were not convicted) can make it harder to find a job, rent an apartment, get a professional license, or address other daily issues. September often feels like a time for a fresh start as the weather turns cooler and the kids head back to school. For some North Carolina residents, that may mean taking another look at an old criminal charge or conviction and asking an important question: Can I get my record expunged?

In North Carolina, the legal term is expunction, although you will often hear “expungement” used as well. An expunction can remove certain criminal charges or convictions from public records and may give eligible individuals a chance to move forward without the same record appearing in many background checks.

If you live in Greensboro, Lexington, High Point, Thomasville, or another community in the Piedmont Triad, understanding your options is an important first step.

What Is an Expunction in North Carolina?

An expunction is a legal process that can remove qualifying criminal charges or convictions from a person’s record. North Carolina law provides several different types of expunctions, and the requirements depend on factors such as:

• Whether you were convicted or the charge was dismissed
• Whether you were found not guilty
• The type and classification of the offense
• Your age when the offense occurred
• Whether you have other criminal convictions
• How much time has passed since the case or sentence ended

Not every criminal record qualifies. North Carolina has specific rules about which offenses can be expunged and when.

What If My Charge Was Dismissed?

If your criminal charge was dismissed or you were found not guilty, you may have an easier path to expunction. For many charges that were dismissed or for which you were found not guilty on or after December 1, 2021, North Carolina law provides for automatic expunction within a specific period after the final disposition, as long as the statutory requirements are met. In other situations, you may still need to file a petition for a judge to consider your case. That distinction matters, especially if an old charge continues to appear when you apply for a job, housing, or other opportunities.

What About a Criminal Conviction?

North Carolina law also allows certain people to have certain eligible criminal convictions expunged. For example, under current law, a person may be able to petition for expunction of a single eligible nonviolent misdemeanor after three years, provided the other requirements are satisfied. Multiple eligible nonviolent misdemeanor convictions generally have a seven-year waiting period.

Certain nonviolent felony convictions may also qualify. Depending on the circumstances, the waiting period can be 10, 15, or 20 years. There are important exclusions.Most  serious offenses, including violent offenses, sex offenses, and impaired driving offenses are not usually eligible under current statutes.

Because the rules can vary significantly from one case to another, an old conviction does not automatically mean that you are either eligible or ineligible.

How Do I Know If I Qualify?

The North Carolina Judicial Branch provides forms and information about the different expunction statutes, but determining which statute applies to your situation can be complicated. You may wish to consult with an attorney about your specific case. Before filing, it can be helpful to gather information about:

• The county where you were charged or convicted
• The original charge or charges
• The final outcome of the case
• The date of the conviction or dismissal
• Any sentence, probation, or post-release supervision
• Other criminal convictions that may affect eligibility

Expunction petitions are generally filed with the clerk of superior court in the county where you were charged or convicted. Some petitions involve filing fees, supporting documents, affidavits, background checks, or a court hearing.

A Fresh Start May Begin With a Conversation

If you have an old criminal record in Davidson County, Guilford County, or elsewhere in North Carolina, September may be a good time to find out whether you have options.

If you are wondering whether you can get your North Carolina criminal record expunged, contact call (336) 249-2101 or visit our Contact Us page to schedule an appointment today.