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Under current North Carolina law, expungement is available only for misdemeanor larceny and misdemeanor offenses committed prior to age eighteen, except for misdemeanor possession of alcohol or drugs. See N.C. Gen. Stat. §§15A-145 to -146.  In North Carolina, an individual is only entitled to one expungement in their lifetime.

In the 2009-2010 legislative session, there were  bills introduced that would have allowed for the expungement of certain non-violent felonies after a period of time. Although none of these bills passed, it did demonstrate a movement in the direction of changing current expungement laws.

The new laws, effective October 1, 2010, allow for the removal of records from Division of Motor Vehicles, Department of Correction, and any State or local agency identified by the petition as bearing record of offense that has been expunged as well the sheriff, chief of police or other arresting agency. The new laws also provide for civil liability for private entities that hold themselves to be in the business of compiling and disseminating criminal history record information for compensation that do not delete information that they were notified to delete. The private entity that disseminates the information in violation of this statute is liable for any damages that are sustained as a result of the violation. The statute also covers recovery of court costs and reasonable attorneys’ fees.

Written by Mathew Higbee, Esq

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22 Responses Leave a comment

  1. Cassandra Artis says:

    have several misdemendors charges such as assault with deadly weapon, in 1993,communicating threat in 1995,communicating threat in 1996,simple assault in 1997. question is can they be expunged off my record

    • Mathew Higbee, Esq says:

      Please post your expungement related question the forum section of this site. That way we will know what state your case is in and it will be easier for others to reference. Thank you.

      • Kenneth C. Edwards says:

        I finish 8 years probation on 02/04/2012 for felony fraud. When would I be eligable for expungement?

      • fara says:

        Greetings,

        I was referred to your office by Senator Kay Hagan. I am writing to
        your office to request help an Expungement that was denied by the NC Court
        System. I have contacted the NC Attorney General requesting a
        Expungement and I have not received any help from their office.
        I have also contacted the NC State Senators asking for a law changes.
        I am requesting your assistance filing the motion with the NC
        Attorney General’s office.

        I received 2 misdemeanors over 12 years ago one in 1999 and
        one in 2001; while I was in college. Since the cases were adjudicated
        within a years
        apart from each other I am not allowed an expungement. I have now
        been a productive citizen and I have attained my Masters Degree in
        Education, and I am not able to use it with these misdemeanors. In
        other state will allow these to be expunged accept for North Carolina.
        I am requesting assistance from either a student or yourself to help
        me seal my case.

        Thank you

        Farrah M.

      • Meal says:

        I was convicted of 220.31 seceenntd to 6 month5year probation in 2004. I didn’t do a drug treatmentProgram cause it wasn’t offered but probation didrandom testing in which I never failed and was released early from probation. I have my article 23 certificate of disability and have not been arrested since my release. I would like to know my options under the rockerfeller law reforms of 2009 for sealing this conviction that is my only one. Thank you.

  2. Nell Knapp says:

    do you know how we begin that process? My husband,retired combat veteran of 23 years, was convicted of a felony in NC. His medication was toxic we later found and of course he has severe PTSD and a few more fun things. He’s completely disabled and was at the time. He was wearing an ASPCA shirt and was convicted of impersonating an officer.

  3. Joe says:

    If a person is issued a citation, but not arrested, for possession of less than 1/2 oz. of marijuana (really only about 2 grams) and paraphernalia (papers), and the charges were dismissed and expunged and removed from Lexis and Westlaw, perhaps prior to the person’s admission to law school, can a scintilla of evidence remain, such that N.C.’s Bar Ass’n would find out and refuse the person’s admission to the Bar? (This person has no other record, except for possession of alcohol when underage.)

    The person’s attorney stated that there is a list of names of persons who have had an expungement, preserved by judges, so it seems a likely place for the N.C. Bar Ass’n to check. . . .

  4. beverly woolard says:

    what are my chance to have a misdemeanor larcency charge removed in the state of n c i had never had any thing but i seatbelt ticket in my life i am 53 years old please help it is keeping me from getting a job

  5. angel wilson says:

    You mean to tell me I make one mistake. That mistake was hitting a girl with a beer bottle and i was charged with assault with a deadly weapon. Even if I was pushed first. Ok I guess I,m going to have to live with this the rest of my life. Alays being juged and making my Life hecktic, such as jobs etc. I wished the laws would change for NC. I can see why people give up and continue living a criminal lifestle. Might as well. They are always going to look loke that losser. everyone needs to be giving a second chance to proove they are a good and moral person.

  6. arika says:

    Have a felony embezzlement charge that was lowered to misdemeanor upon pleading guilty can this be expunged happened in NC in 2009

    • Mathew Higbee, Esq says:

      Please post questions about expungement in the Forum section if you want an attorney to answer them.

  7. pooh says:

    Can you have a felony conviction expunged. Particularly assault with a deadly weapon.

  8. Monica martin says:

    I want to know if you can get your whole criminal record expunged and what offencs can you get expunged im trying to be a manager at mt job, and im a single mother of three young children I need this so we can have a decent life o have made mistakes but im not a criminal

  9. Dane Moser says:

    I got sentenced to 29 months in prison. I did take a plea deal, it included assult by strangulation and 2nd degree kidnapping. They charged me with assult by strangulation and 1st degree kidnapping. At the time I found out my wife was pregnant to another guy. I now live in PA and go to college for business, I was in the marines. I also became handicapped in NC prison. I lost my balance. I would like to know how and if I could have this expunged? It would be hard to get a job and hopefully a career, with this hanging on me.

  10. wesley cox says:

    IN 2006 i was convected of felony larceny. it was a non violent crime,and the only time i had every been in serious trouble. i got 2 yrs probation an restution. i completed evrything with no problems an havent been in any trouble since. Im an electricion an it is very important that i some how get this off my record, but it doesnt seem posible in NC. what can i do???

  11. Jason Nance says:

    I have a misdemeanor marijuana possession that I would like to get expunged. How much does that usually costs (estimated)?

  12. Kenneth says:

    I wish NC law maker would move expungement age to 25. Wisconsin expungement age is 25.

    Brain research shows that the human brain goes through a slow maturation process between ages 10 through 25. The emotional make-up of a child is generally fully developed by age five. A Dartmouth College study reveals there is a significant shift in a person’s brain after age 18, when the individual is emerging into young adulthood. The human brain reportedly becomes fully developed at age 25. Prior to full brain development children exhibit the following behaviors more coincidentally vs. consistently:
    • Decision making
    • Use of appropriate judgment
    • Rational thinking
    • Integration of emotion & critical thinking
    • Ability to think clearly about long-term outcomes that stem from behaviors
    • Global thinking vs. self-centered thinking
    Continue reading on Examiner.com A child’s brain fully develops by age 25 – Newark Parenting & Education | Examiner.com http://www.examiner.com/parenting-education-in-newark/a-child-s-brain-fully-develops-by-age-25#ixzz1n4YVNoKs

  13. Yvette Dickerson says:

    In the State of NC, what are the current regulations for expungement of a 1997 felony record? Assault on Gov’t Official w/deadly weapon (although no weapon presented),


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