What to know about getting your criminal record cleared in North Carolina
Having a criminal record can prove to be a roadblock for getting a job, housing and loans.
At least 2 million North Carolina residents have a criminal record, according to the NC Second Chance Alliance, a state advocacy group. In some cases of arrests, or even convictions, you may be eligible to have your record cleared.
What is expungement?
Expungement is the process of removing criminal charges or convictions from an individual’s criminal record, according to the North Carolina judicial branch.
Wait periods for expungement were drastically reduced after Gov. Roy Cooper signed Senate Bill 445 which went into effect in 2017.
More changes were introduced to expungement laws in North Carolina when Senate Bill 562, otherwise known as “The Second Chance Act,” was signed by Cooper in 2020.
After an expungement, you may need to follow up with background check companies who operate in North Carolina in order to ensure old information is removed from your profile. Many individuals and attorneys report these databases may still contain your expunged charge.
How to become eligible for expungement
Currently, criminal records eligible for expunction include:
▪ All charges that have been dismissed or found “not guilty” by a jury
▪ Convictions that were a result of the defendant being a victim of human trafficking
▪ Misdemeanor convictions that are categorized as nonviolent after five years have passed since the date of conviction
▪ Multiple nonviolent convictions after 7 years have passed since the completion of active sentence or probation
▪ Nonviolent felony convictions after 10 years have passed since the completion of active sentence or probation
▪ Up to three nonviolent felony convictions only after a 20-year waiting period has passed and if all three incidents occurred within a 24-month period
▪ First-time convictions of offenses committed before age 18, depending on the offense
How to get started
The process of expungement begins by filing a petition form in the county where the arrest occurred, according to the North Carolina State Bureau of Investigations. SBI encourages petitioners to contact a clerk of court in your county or an attorney if assistance is needed.
In some situations, a prosecutor or district attorney may initiate the expungement.
What is the cost to file for expungement?
Expungement of criminal charges in North Carolina does not come cheap. According to the SBI, a filing fee of $175 is required of petitioners when filing a petition for expungement. There are some cases — such as charges that were dismissed or concluded with a not guilty verdict — that do not require a fee.
You may be required to attend a hearing
Unless your case requires a hearing for determination of “good character,” you may not need to stand before a judge in order to get criminal charges removed from your record.
For instance, if charges against you were dismissed or you were found “not guilty” of the charges that still appear on your record, the judge can approve your expunction without a hearing, according to the SBI.
Expungement can take several months
One of the main drawbacks of the expungement process is how long it can take. The SBI estimates that the process can take up to several months depending on how vigorously the charges must be reviewed and whether or not a hearing is required.
Do I need legal help?
You may but many free resources exist to get started. For example, you can get general expungement information by calling the toll-free Legal Aid of North Carolina hotline at 1-(866) 219-LANC (5262), open Monday to Friday 8:30 a.m. to 1:30 p.m. Extra hours on the hotline, from 5:30 to 8:30 p.m., are available Mondays and Thursdays.
The Mecklenburg Council of Elders hosts local expungement clinics where you can discuss your case. For more information, visit mecklenburgcoe.org/services/.
