Relief from a Criminal Conviction (2023 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, ___ N.C. App. ___, 895 S.E.2d 455 (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.