All the Expunction Developments through 2020

Published for NC Criminal Law on March 08, 2021.

I am happy to announce the completion of the 2020 Edition of my online guide to expunctions and other relief from a criminal conviction in North Carolina. It took me a while to dissect and incorporate all the changes into the previous, 2018 online edition. (It would have taken far longer to update the guide without the patient and painstaking work of Owen Dubose of the School’s publications division.) If I missed anything or got anything wrong, please let me know. Here is what you’ll find in the new edition. First and foremost the guide includes new and expanded sections on the principal forms of relief addressed by the 2020 Second Chance Act: expunctions of adult convictions of juveniles under G.S. 15A-145.8A; dismissals and acquittals under G.S. 15A-146; and convictions of nonviolent misdemeanors and felonies under G.S. 15A-145.5. I recommend you read the provisions closely. The interlocking conditions for relief, particularly in G.S. 15A-145.5, create some results you may not anticipate, some favorable to petitioners, some not. To find a discussion of each type of expunction and other form of relief, such as certificates of relief and termination of sex offender registration, click on the applicable link in the menu along the right side of the guide (or at the bottom if you’re using a smartphone). You can see an excerpt of the menu in this blog post. The guide also includes an expanded discussion of the procedure to obtain an expunction and its effect. Recent appellate decisions, usually few and [...]