Relief from a Criminal Conviction (2023 Edition)

G.S. 15A-145.4 authorizes expunction of a conviction of a nonviolent felony by a first offender who was under age 18 at the time of the offense (see Table 2). This type of expunction became effective on December 1, 2011, which means it is available for offenses and convictions that occurred before or after that date. See S.L. 2011-278 (S 397) (amended in minor respects by S.L. 2012-191 (H 1023)).

“Nonviolent felony” is defined in G.S. 15A-145.4(a).[1] To meet this definition and therefore be eligible for an expunction, an offense may not fall into one of several categories. For example, an offense cannot be a Class A through G felony, which means that only Class H and I felonies are eligible for expunction (except that a person may obtain an expunction of a prayer for judgment continued of certain Class G, H, or I drug convictions). Fewer offenses are excluded from the definition of “nonviolent felony” under G.S. 15A-145.4 than under G.S. 15A-145.5. Compare Expunctions on Basis of Age: Older Nonviolent Misdemeanor and Felony Convictions. A person may obtain an expunction of multiple nonviolent felonies for which a person is convicted at the same session of court if none of the offenses occurred after the person had already been served with criminal process for the commission of a nonviolent felony. G.S. 15A-145.4(b) (so stating). Compare Expunctions on Basis of Age: Older Nonviolent Misdemeanor and Felony Convictions (no longer imposing this sequencing requirement for expunctions of multiple offenses under that statute).

A prior expunction, including an expunction of a dismissal under G.S. 15A-146, is a bar to relief. Continuing to make prior expunctions under G.S. 15A-146 a bar may have been an oversight, as it seems inconsistent with 2017 legislation allowing petitioners to obtain unlimited expunctions of dismissals. S.L. 2017-195 (S 445). Until revised, however, it is a bar under G.S. 15A-145.4.

Most expunction statutes provide that the court shall or must grant an expunction petition if the court finds that all of the statutory requirements have been met. G.S. 15A-145.4(e) states that the court may grant an expunction of a nonviolent felony conviction if the statutory requirements are satisfied. Use of the term “may” appears to give the court some discretion to deny an expunction petition even if the petitioner meets all of the statutory requirements. See also G.S. 15A-145.4(d) (requiring for this type of expunction that the judge review petitioner’s juvenile record, but not listing a petitioner’s juvenile record as a condition for granting or denying an expunction petition; also requiring court to direct probation officer to investigate petitioner’s conduct in four-year period since conviction). The statute does not specify the possible grounds for denial beyond the statutory requirements. For a further discussion of the court’s discretion, which also applies to expunctions under G.S. 15A-145.5, see infra Expunctions on Basis of Age: Older Nonviolent Misdemeanor and Felony Convictions. Although not specifically required by G.S. 15A-145.4, it may be the better practice for the court to make a finding of its reasons for denial, particularly if based on a discretionary factor. Compare G.S. 15A-145.5(c) (using the term “may” for expunctions of older nonviolent felonies and misdemeanors and providing that an order denying a petition must include a finding “as to the reason for the denial”).

Most expunction statutes do not require notice to the victim. G.S. 15A-145.4(c) requires the district attorney’s office to make its best efforts to notify the victim before the hearing of the expunction request. It does not specify other procedures.

The wording of G.S. 15A-145.4 raises a number of questions common to other relief statutes. Because eligibility for an expunction depends on the class of the offense to be expunged, the question has arisen whether the court should consider the class of offense at the time of the offense or the class at the time of the petition for expunction. This guide’s view is that the class of offense at the time of offense controls. See infra Appendixes: Frequently Asked Questions (Offense Class).

Like many relief statutes, G.S. 15A-145.4 contains a waiting period with two parts. G.S. 15A-145.4(c) states that a petition may not be filed “earlier than four years after the date of the conviction or when any active sentence, period of probation, and post-release supervision has been served, whichever occurs later.” One interpretation of this provision is that the person always must wait four years after completing his or her sentence, which necessarily will be at least four years after the date of conviction and usually longer. An alternative interpretation is that the statute requires that a person wait until (i) four years have passed from the date of conviction or (ii) the person completes the terms of his or her sentence, whichever occurs later. Under this interpretation, the person always must wait four years from the date of conviction before petitioning for an expunction; if the person has not completed his or her sentence within four years of conviction, he or she must wait any additional time it takes to complete the sentence. Under this approach, the provision would not require the person to wait an additional four years after completing his or her sentence. For a further discussion of expunction statutes with two-part waiting periods, see infra Appendixes: Frequently Asked Questions (Waiting Periods).

G.S. 15A-145.4 treats traffic violations differently than other criminal convictions. First, a traffic violation is not a bar to expunction of a conviction under G.S. 15A-145.4. This guide takes the view that the term “traffic violation,” as used in the expunction statutes, means any misdemeanor conviction under Chapter 20 of the General Statutes unless otherwise specified. Second, G.S. 15A-145.4 does not exclude Chapter 20 violations from the types of convictions that may be expunged except for a felony offense involving a commercial vehicle and a felony offense involving impaired driving as defined in G.S. 20-4.01(24a). The meaning of traffic violation, including impaired driving, is discussed further in Appendixes: Frequently Asked Questions (Traffic Violations and Driving While Impaired (DWI)).

For a discussion of the exclusion of offenses subject to sex offender registration, see Appendixes, Frequently Asked Questions (Offenses Subject to Sex Offender Registration).

Table 2. Nonviolent Felony Convictions for Offenses Committed before Age 18