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Relief from a Criminal Conviction (2023 Edition)

EXPUNCTION FROM ANOTHER STATE: Does an expunction from another state bar an expunction in North Carolina?

No. The North Carolina statutes barring an expunction because of a prior expunction are worded in two ways, neither of which includes out-of-state expunctions.

One approach bars an expunction if a person has a prior expunction as shown by the confidential records of the North Carolina Administrative Office of the Courts (AOC). See G.S. 15A-145.4. The AOC’s confidential records contain expunctions under North Carolina law only, not expunctions from other states. See G.S. 15A-150(a) (listing expunctions clerks of court must report to AOC); G.S. 15A-151(a) (stating that confidential AOC record consists of expunctions identified in G.S. 15A-150).

The other approach bars an expunction if a person has received an expunction under specified North Carolina statutes. See G.S. 15A-145.2(c); G.S. 15A-145.3(c); G.S. 15A-145.5(c); G.S. 15A-146(a). These statutes do not list expunctions under other state laws as bars.