Clearing A Record
G.S. 15A-145.5 — three years for one nonviolent misdemeanor, and 10 for one nonviolent felony
A dismissal or a not guilty finding. In North Carolina, when a charge is dismissed, the person or the district attorney may petition the court in the county where it was brought to expunge every official record of the arrest and trial, and on finding the sole charge was dismissed the court orders it. The same applies to a finding of not guilty or not responsible.
| Nonviolent convictions | Earliest petition |
|---|---|
| Nonviolent convictionsOne misdemeanor | Earliest petitionThree years after the conviction or after any sentence, probation or supervision ends, whichever is later |
| Nonviolent convictionsMore than one misdemeanor | Earliest petitionSeven years after the last conviction or after any sentence ends, whichever is later |
| Nonviolent convictionsOne felony | Earliest petition10 years after the conviction or after any sentence ends, whichever is later |
| Nonviolent convictionsTwo or three felonies | Earliest petition20 years after the most recent conviction or after any sentence ends, whichever is later |
Nonviolent means any offense except, among others, a Class A through G felony or a Class A1 misdemeanor, an offense with assault as an element, an offense requiring sex offender registration, listed sex and stalking offenses, and certain drug felonies. Impaired driving offenses are not eligible.
Several nonviolent convictions in the same session of court count as one. One nonviolent felony under a particular section the statute names waits 15 years.
Sources for this section (2)
- G.S. 15A-145.5 — Expunction of certain misdemeanors and felonies
- G.S. 15A-146 — Expunction when charges are dismissed or there are findings of not guilty
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.