North Carolina Expungement Laws: Expunction Guide (2026)

North Carolina uses the term "expunction" rather than expungement. Its laws are codified in Chapter 15A, Article 5 of the General Statutes and govern who qualifies, how long they must wait, and which records may be cleared from public view.

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers North Carolina state expunction law only. For a comparison across all states, see Expungement Laws by State.

What Is Expunction in North Carolina?

North Carolina's expunction statutes, found in Chapter 15A, Article 5 of the General Statutes, authorize courts to order the destruction of criminal records under specific conditions. Once an expunction is granted, the affected arrest, charge, or conviction is removed from court files, law enforcement records, and public repositories. The person may legally deny that the matter occurred, subject to narrow exceptions for licensing boards, certain government employers, and federal immigration proceedings (G.S. § 15A-151 and § 15A-152). The process is called "expunction" in North Carolina statutes, though the term "expungement" is widely used interchangeably by practitioners and the public. North Carolina courts have long recognized expunction as a remedy that restores a person's ability to obtain employment, housing, and professional licenses without the stigma of a prior record.

The 2020 Second Chance Act: What Changed

The General Assembly passed S.L. 2020-35, known as the Second Chance Act, in June 2020 with unanimous bipartisan support. Most provisions took effect December 1, 2020. The law made three significant changes to expunction eligibility. First, it removed the prior bar on expunging dismissed or acquitted felony charges, allowing any misdemeanor or felony charge that did not result in a conviction to become eligible for expunction under G.S. § 15A-146. Second, it amended G.S. § 15A-145.5 to allow petitions covering multiple nonviolent misdemeanor convictions (up to the statutory limit) and up to three nonviolent felony convictions in a single petition. Third, effective December 1, 2021, the Act added subsection (a4) to G.S. § 15A-146, creating automatic expunction by operation of law for qualifying dismissed and not-guilty cases, eliminating the need to file a petition for those charges. The Administrative Office of the Courts (AOC) is responsible for implementing automatic expunctions within a 180-to-210-day window after final disposition.

Automatic Expunction of Dismissed and Acquitted Charges

Under G.S. § 15A-146(a4), North Carolina automatically expunges certain criminal records without any action by the defendant. Automatic expunction applies when all of the following conditions are met: all charges in the case were disposed on or after December 1, 2021; all charges in the case were dismissed without leave, dismissed by the court, or resulted in a finding of not guilty or not responsible; and no felony charge in the case was dismissed as part of a plea agreement (S.L. 2020-35, codified at G.S. § 15A-146(a4)). Effective December 1, 2025, S.L. 2025-93 (Iryna's Law) amended G.S. § 15A-1008 rather than G.S. § 15A-146: subsection (d) of that statute now provides that a dismissal of charges entered under it, which is what happens when a defendant is found incapable to proceed, "shall not be expunged pursuant to G.S. 15A-146." That bar therefore reaches petition-based relief as well as automatic expunction, and it turns on whether the dismissal was entered under G.S. § 15A-1008, not on who moved for it. A prosecutor's ordinary voluntary dismissal, entered outside that statute, is unaffected. When eligible, the AOC automatically expunges the records 180 to 210 days after final disposition. No petition, no court appearance, and no filing fee is required. Note: S.L. 2024-35, effective July 8, 2024, restored automatic expunctions after a legislative pause that ran from August 2022 through early 2024. Cases disposed on or after December 1, 2021 that were caught in that pause are being processed retroactively. For charges that do not qualify for automatic expunction (including pre-December 1, 2021 dismissals and cases with a plea-bargained felony dismissal), a person may still petition the court under G.S. § 15A-146(a) or (a1) with no filing fee.

Expunction of Nonviolent Convictions Under G.S. § 15A-145.5

G.S. § 15A-145.5 governs expunction of older nonviolent misdemeanor and felony convictions with no age limitation. The statute defines a "nonviolent" offense by exclusion: subsection (a) lists nine categories of offenses that do not count as a nonviolent misdemeanor or nonviolent felony, and subsection (a1) separately provides that an offense involving impaired driving is not eligible for expunction. The headline exclusions are Class A through G felonies, Class A1 misdemeanors, offenses that include assault as an essential element, and offenses requiring sex offender registration, but the full list is longer and is set out in the next section. Current waiting periods, measured from the date of conviction or the date all active sentences, probation, and post-release supervision end (whichever is later), are as follows: one nonviolent misdemeanor conviction requires 3 years (reduced from 5 years by S.L. 2025-71, effective July 9, 2025 for petitions filed on or after that date); multiple nonviolent misdemeanor convictions require 7 years from the most recent conviction; one nonviolent felony (Class H or I, not breaking and entering under G.S. § 14-54(a)) requires 10 years; one conviction under G.S. § 14-54(a) requires 15 years; and two or three nonviolent felony convictions that occurred within a 24-month period require 20 years from the most recent conviction. The 15-year path applies only to G.S. § 14-54(a). The adjacent offense in G.S. § 14-54(a1), breaking or entering with intent to terrorize or injure an occupant, is also a Class H felony but subsection (a)(7a) makes it flatly ineligible, so no waiting period opens that door. For misdemeanor petitions, the court must grant relief if all statutory requirements are satisfied. For felony petitions, the court has discretion to deny and must provide written reasons for denial.

Who Is Ineligible for Expunction?

Several categories of offenses and persons are categorically ineligible for expunction under G.S. § 15A-145.5. Subsection (a) excludes an offense from the definition of a nonviolent misdemeanor or nonviolent felony if it is any of the following: a Class A through G felony (murder, rape, robbery, and other serious violent crimes) or a Class A1 misdemeanor, the most serious misdemeanor class under North Carolina's structured sentencing scheme; an offense that includes assault as an essential element; an offense requiring registration under Article 27A of Chapter 14, whether or not the person is currently required to register; any of a named list of sex-related and stalking offenses in subsection (a)(4), which reaches G.S. § 14-202 (secretly peeping), G.S. § 14-277.3A (stalking), G.S. §§ 14-190.7 through 14-190.9, G.S. § 14-208.11A, G.S. § 14-208.18, G.S. § 14-321.1 and others, and which applies by name even where the offense is not registrable and has no assault element; a felony offense in Chapter 90 involving methamphetamines or heroin, or possession with intent to sell or deliver or sale and delivery of cocaine; an offense under G.S. § 14-12.12(b), § 14-12.13 or § 14-12.14, or any offense to which the ethnic-animosity provision in G.S. § 14-3(c) was applied; contaminating food or drink under G.S. § 14-401.16; breaking or entering under G.S. § 14-54(a1); any felony offense in which a commercial motor vehicle was used in the commission of the offense; and any attempt to commit an offense in the categories above. Two points of precision matter here, because both are commonly overstated. The Chapter 90 exclusion does not sweep in every cocaine offense: it names methamphetamines, heroin, and cocaine offenses involving possession with intent to sell or deliver or sale and delivery, so simple possession of cocaine is not excluded on this ground. The commercial-vehicle exclusion is limited to felony offenses, so a misdemeanor committed with a commercial motor vehicle is not excluded on that ground either. Separately, subsection (a1) provides that an offense involving impaired driving as defined in G.S. § 20-4.01(24a) is not eligible for expunction. A person also cannot receive a second expunction under G.S. § 15A-145.5 for the same offense category (misdemeanor or felony) if a prior expunction under that statute was already granted. Outstanding warrants, pending criminal indictments, or unsatisfied restitution orders will disqualify a petitioner regardless of offense type.

How to File for Expunction in North Carolina

To petition for expunction of a conviction under G.S. § 15A-145.5, a person must use the AOC-approved form for the relevant offense type (form AOC-CR-298 for nonviolent misdemeanors, form AOC-CR-297 for nonviolent felonies) available at nccourts.gov. The petition is filed with the Clerk of Superior Court in the county where the conviction occurred. The filing fee is $175 for conviction-based petitions, but subsection (g) of the statute ends with a sentence that petitioners often miss: "This subsection does not apply to petitions filed by an indigent person." There is no fee for dismissed-charge petitions under G.S. § 15A-146. The petitioner must demonstrate good moral character and certify no disqualifying convictions during the waiting period. Upon filing, the Clerk serves the petition on the district attorney, who has 30 days to file a written objection. The SBI (State Bureau of Investigation) and AOC conduct record checks. Most courts schedule a hearing, though some grant petitions without one. Processing typically takes 60 to 120 days from filing to order. Once granted, certified copies of the expunction order go to law enforcement agencies, the SBI, and the AOC, which updates the statewide criminal records system (G.S. § 15A-150).

Disclaimer: This article provides general legal information about North Carolina expunction law as of May 29, 2026. Laws and procedures may have changed. This is not legal advice. Consult a licensed North Carolina attorney before filing any petition or making decisions based on this information.

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• How to Check If Your Record Has Been Expunged

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RecordingLaw.com provides general legal information, not legal advice. For advice specific to your situation, consult a licensed North Carolina attorney.

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