How Many Expunctions Can a Person Get?

I sometimes get this question from judges, lawyers, and individuals seeking relief. The answer is: As many as the law allows. North Carolina’s statutes establish precise requirements for obtaining an expunction, including conditions barring relief. Many of the statutes specify that a prior expunction of an adult criminal proceeding bars a later expunction (more on juvenile proceedings below). Some statutes contain no such language, however. Under the terms of those statutes, a person with a prior expunction can obtain a later expunction if he or she meets the other requirements for relief. There is not a general prohibition on a subsequent expunction. Here are the principal statutes providing for this result. Expunction under G.S. 15A-145 after expunction under G.S. 15A-146. Under G.S. 15A-145, a person may obtain an expunction of a misdemeanor conviction for an offense committed before age 18. (The statute also allows an expunction of certain alcohol offenses committed before age 21.) The statute contains various preconditions, such as the absence of other felony or misdemeanor convictions except for a traffic offense. The statute does not list a prior expunction as a bar to relief. Under G.S. 15A-146, a person may obtain an expunction of a dismissal of criminal charges. This statute, in contrast to G.S. 15A-145, makes a prior expunction under various adult expunction statutes a bar to relief, but it does not make a prior misdemeanor conviction a bar. Applying the statutes together, a person with a prior misdemeanor conviction can obtain an expunction of a dismissal [...]