Relief from a Criminal Conviction (2023 Edition)

The following list includes all legislation enacted by the General Assembly on expunctions and related matters from the first enactment in 1971 until 2008. For a discussion of expunction legislation from 2009 to the present, see supra Overview: Recent Legislation. 

S.L. 1971-919 (H 294): Creates Article 5 (controlled substances) in G.S. Chapter 90, which includes a provision for discharge and dismissal of possession of certain controlled substances, G.S. 90-96(a), and a provision for expunction of a discharge and dismissal. G.S. 90-96(b). These provisions are the first of their kind in North Carolina.

S.L. 1971-1078 (H 1440): Adds G.S. 90-113.14 to authorize discharge and dismissal of possession of Cannabis and expunction of discharge and dismissal. These provisions mirror the discharge, dismissal, and expunction provisions in G.S. 90-96, enacted earlier during the 1971 session (see above). 

S.L. 1971-1208 (H 1342): Creates Article 5A (toxic vapors) in G.S. Chapter 90. The article does not include discharge, dismissal, or expunction provisions.

S.L. 1973-47 (S 123): Makes no substantive changes.

S.L. 1973-654 (H 274): Limits discharge and dismissal under G.S. 90-96(a) to misdemeanor possession (was, possession) of certain controlled substances.

S.L. 1973-748 (S 640): Creates second expunction statute, authorizing expunction of misdemeanor offense committed before age 18 (originally numbered as G.S. 90-113.15, codified as G.S. 15-223, and re-codified as G.S. 15A-145). The act introduced the requirement of a supporting affidavit, attesting to various matters, by the petitioner.

S.L. 1973-1066 (H 1461): Adds G.S. 90-96(d) authorizing expunction of dismissal by State, entry of nolle prosequi by State (a procedure later found unconstitutional in Klopfer v. North Carolina, 386 U.S. 213 (1967)), and finding of not guilty or other adjudication of innocence for misdemeanor possession of certain controlled substances.

S.L. 1975-650 (H 895): Transfers from North Carolina Department of Justice to Administrative Office of the Courts responsibility for maintaining confidential records of expunctions.

S.L. 1977-642 (H 1024): Adds provision to G.S. 15-223 (later re-codified as G.S. 15A-145) specifying that expunction order applies to court and law enforcement records; also adds affidavit requirement, patterned after affidavit requirement in G.S. 15-223, to G.S. 90-96(b) and G.S. 90-113.14 (expunction of discharge and dismissal), requiring among other things that petitioner be conviction-free as specified in the revised statutes.

S.L. 1977-699 (H 1026): Amends G.S. 15-223 (later re-codified as G.S. 15A-145) to provide that a person may not obtain an expunction of a traffic violation.

S.L. 1977-1147 (S 986): Makes technical change to G.S. 90-96(a).

S.L. 1979-61 (H 44): Creates new expunction statute, G.S. 15-224 (originally numbered as G.S. 15-223.1 and later re-codified as G.S. 15A-146), authorizing expunction of dismissals and findings of not guilty except as provided in G.S. 90-96. The act limits expunctions to cases in which “at the time any of the proceedings against him occurred the person had not attained the age of 18 years and had not previously been convicted of any felony or misdemeanor other than a traffic violation.”

S.L. 1979-431 (H 325): Makes small changes to affidavits required to be submitted by petitioner under G.S. 15-223 (later re-codified as G.S. 15A-145), G.S. 90-96, and G.S. 90-113.14, and authorizes court to request probation officer to investigate petitioner’s conduct during waiting period before petition.

S.L. 1979-550 (H 471): Revises reporting of convictions by clerks of court under G.S. 90-96(c). The change does not involve expunctions.

S.L. 1981-51 (S 93): Makes technical change to G.S. 90-113.14.

S.L. 1981-922 (H 823): Revises requirements for discharge and dismissal under G.S. 90-96(a) and adds authorization for discharge and dismissal of certain drug paraphernalia offenses; adds subsection (b) (later re-codified as subsection (a1)) authorizing probation for certain controlled substance and drug paraphernalia offenses; and adds G.S. 90-96(e) authorizing expunction of convictions of misdemeanor possession of certain controlled substances and drug paraphernalia offenses and establishing requirements.

Revises requirements for discharge and dismissal under G.S. 90-113.14 and makes procedure applicable to toxic vapors offenses (was, Cannabis possession); adds subsection (b) (later re-codified as subsection (a1)) authorizing probation for certain toxic vapors offenses; adds G.S. 90-113.14(d) authorizing expunction of dismissal by State, entry of nolle prosequi by State (a procedure later found unconstitutional in Klopfer v. North Carolina, 386 U.S. 213 (1967)), and finding of not guilty or other adjudication of innocence for misdemeanor toxic vapors or drug paraphernalia offenses; and adds G.S. 90-113.14(e) authorizing expunction of a conviction of a misdemeanor toxic vapors offense and establishing requirements. 

S.L. 1985-636 (H 997): Recodifies G.S. 15-223 and G.S. 15-224 as G.S. 15A-145 and G.S. 15A-146; deletes opening language in G.S. 15A-146, which authorized relief “[e]xcept as otherwise provided in G.S. 90-96”; deletes provision allowing relief “if at the time of any proceedings against him the person had not attained the age of 18 years”; adds provision allowing relief “if the person had not previously received expungement”; and maintains provision allowing relief if the person “had not previously been convicted of any felony or misdemeanor other than a traffic violation.”

S.L. 1991-326 (S 744): Amends G.S. 15A-146 to allow relief “if the person had not previously been convicted of any felony” (was, felony or misdemeanor other than traffic violation).

S.L. 1994-11 (ex. sess.) (H 7): Amends G.S. 90-96 to allow, for felony possession of less than one gram of cocaine, discharge and dismissal under subsection (a), expunction of such a discharge and dismissal under subsection (b), expunction of a dismissal, nolle prosequi, or finding of not guilty or adjudication of innocence under subsection (d), and expunction of a conviction under subsection (e).

S.L. 1997-138 (H 402): Amends G.S. 15A-146 to allow expunction of infraction under G.S. 18B-302(i) if dismissed or finding of not responsible entered.

S.L. 1997-443 (S 352): Makes technical change to G.S. 90-96 and G.S. 90-113.14.

S.L. 1999-406 (H 1135): Amends G.S. 15A-145 to allow expunction of misdemeanor possession of alcohol under G.S. 18B-302(b)(1) by person who was not 21 years old at time of conviction; and amends G.S. 15A-146 to allow expunction of dismissed infraction under G.S. 18B-302(i) before December 1, 1999 (when the infraction was raised to a misdemeanor).

S.L. 2001-108 (S 262): Enacts new expunction statute, G.S. 15A-147, authorizing expunction of charges as result of identity fraud; and amends G.S. 15A-146 to specify that “expungement under this section, G.S. 15A-145, or G.S. 90-96” is a bar (was, “expungement” without specification of statutes, which could have made expunction under new G.S. 15A-147 a bar).

S.L. 2001-282 (H 884): Amends G.S. 15A-146 to authorize expunction of DNA records following a dismissal by the trial court; and enacts new expunction statute, G.S. 15A-148, authorizing expunction of DNA records following a dismissal by an appellate court or pardon of innocence. The act repeals G.S. 15A-266.10, which formerly governed expunction of DNA records.

S.L. 2002-126 (S 1115): Deletes general language in G.S. 15A-145 and G.S. 15A-146 providing for cost of expunging records to be taxed against petitioner; and amends G.S. 15A-145 and G.S. 90-96 (not G.S. 15A-146) to charge fee ($65) for expunction petition.

S.L. 2004-133 (H 1518): Amends G.S. 15A-145 to require as condition of expunction that petitioner attest that no restitution orders are outstanding.

S.L. 2005-276 (S 622): Amends G.S. 15A-145 to increase expunction petition fee to $125.

S.L. 2005-319 (H 1328): Enacts new expunction statute, G.S. 15A-149, authorizing expunction after pardon of innocence.

S.L. 2005-414 (S 1048): Makes technical change to G.S. 15A-147.

S.L. 2005-452 (H 1213): Adds G.S. 15A-146(a1) to authorize expunction of multiple dismissals of alleged offenses within 12-month period or if during same term of court.

S.L. 2007-509 (S 301): Amends G.S. 15A-145(c) and G.S. 15A-146(b) to require expunction of civil revocation of driver’s license (subject to certain exceptions) as a result of the criminal charge if underlying criminal charge is expunged.

S.L. 2008-187 (S 1632): Amends G.S. 15A-145(a) to insert roman numerals to clarify waiting period before filing of petition: “(i) two years after the date of the conviction, or (ii) the completion of any period of probation, whichever occurs later . . . .”

S.L. 2008-214 (H 274): Creates Article 13A (gang offenses) in Chapter 40, which includes G.S. 14-50.29 authorizing a discharge, dismissal, and expunction and G.S 14-50.30 authorizing expunction of a conviction.