Relief from a Criminal Conviction (2025 Edition)

Yes. G.S. 15A-145 and G.S. 15A-145.5 allow an expunction of a misdemeanor conviction whether or not the person received a prior expunction of a dismissal under G.S. 15A-146. Likewise, G.S. 15A-146 allows an expunction of a dismissal whether or not the person has a prior misdemeanor or felony conviction or prior expunction. Therefore, a person can file for and obtain an expunction of both a misdemeanor conviction and dismissal at the same time. For example, if a person is charged with a felony and a misdemeanor, the felony is dismissed, and the person is convicted of the misdemeanor, the person should be able to petition for an expunction of the dismissed felony under G.S. 15A-146 and an expunction of the misdemeanor conviction under G.S. 15A-145 or G.S. 15A-145.5, assuming the person meets the other requirements for an expunction.

When a person is convicted of a lesser offense of the offense charged and is eligible to expunge the conviction under G.S. 15A-145 or G.S. 15A-145.5, the person may be able to petition to expunge both the greater charge and the conviction of the lesser charge under G.S. 15A-145 or G.S. 15A-145.5 without filing a separate petition under G.S. 15A-146 to expunge the greater charge. Support for this approach is provided by G.S. 15A-150(b), which requires that an agency receiving an expunction order “shall purge from its records all entries made as a result of the charge or conviction ordered to be expunged” (emphasis added). Support is also provided by the court’s decision in State v. Lebedev, 291 N.C. App. 274 (2023), which held that conviction of a lesser charge does not authorize expunction of the greater charge under G.S. 15A-146 if the greater charge is not expressly dismissed. Under this reasoning, expunction of a conviction of a lesser charge appears to authorize expunction of a greater charge that was not expressly dismissed because it accompanies the conviction and remains part of the case.