2025 Expunction Guide Available for Free!

Published for NC Criminal Law on January 15, 2025.

With a teaser like that, who could resist reading more? The 2025 edition of my online guide to expunctions is now available on the School of Government’s website at https://www.sog.unc.edu/resources/microsites/relief-criminal-conviction/. It is a free resource on expunctions and other forms of relief from the consequences of a criminal conviction. Compared to previous years, the 2024 legislative session was relatively quiet on the expunction front, but the General Assembly made some important changes, discussed briefly below and in more detail in the revised guide. The biggest news is that, after a pause of nearly two years, automatic expunctions of dismissed charges under G.S. 15A-146(a4) have resumed. Effective July 8, 2024, revised G.S. 15A-146(a4) directs that automatic expunctions occur from 180 to 210 days after final disposition. See S.L. 2024-35 (S 565). Deferring expunction for this length of time is intended to address the logistical issues that arose initially, when automatic expunctions occurred immediately after disposition and before potentially significant aspects of the case were addressed. The Administrative Office of the Courts has implemented automatic expunctions for charges dismissed beginning January 8, 2024 (in accord with the requirement of automatic expunction 180 days after disposition, beginning July 8, 2024); and is responsible for developing a process to expunge charges that would have been automatically expunged if not for the legislative pause (which started August 1, 2022). See S.L. 2024-35 sec. 2 (S 565) (requiring this result). You can find a discussion of automatic expunctions in the section of the guide on expunction of [...]