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Relief from a Criminal Conviction (2023 Edition)

MULTIPLE EXPUNCTIONS: Can a person obtain more than one expunction? Or, is a person limited to one "lifetime" expunction?

North Carolina’s statutes permit a person to obtain more than one expunction in some circumstances. The statutes do not establish a general limit of one “lifetime” expunction. Rather, each statute contains its own requirements for obtaining an expunction, including whether a prior expunction bars a later expunction.

Some of the statutes on expunctions of convictions specify that a prior expunction of an adult conviction bars a later expunction of a conviction. See G.S. 15A-145.4(d)(7) (nonviolent felonies before age 18). Some statutes on expunctions of convictions contain no prior expunction bar. See G.S. 15A-145 (misdemeanors before age 18); G.S. 15A-145.1 (gang offenses); G.S. 15A-145.8A (adult convictions as juvenile); G.S. 15A-145.9 (convictions of human trafficking victims). Some make an expunction of a conviction under the particular statute a bar to a subsequent conviction under that statute or a subsection of that statute. See G.S. 15A-145.2 (drug possession and paraphernalia); G.S. 15A-145.3 (toxic vapors); G.S. 15A-145.6 (prostitution). Thus, in this last category of statutes, a person may obtain an expunction of a conviction under G.S. 15A-145.2(c), which covers drug possession and drug paraphernalia offenses, and obtain a later expunction of a conviction of a toxic vapor offense under G.S. 15A-145.3(c). The reverse is also true. The reason is that each of those subsections bars a later expunction if the person has received an expunction under that specific subsection but not if the person has received an expunction under another statute. See supra Expunctions of Drug-Related Offenses: Conviction of Controlled Substance, Drug Paraphernalia, and Toxic Vapor Offenses. G.S. 15A-145.5(c) likewise makes a prior expunction a bar only if the prior expunction was obtained under G.S. 15A-145.5 but adds further qualifications. A person who obtained an expunction of a misdemeanor conviction under G.S. 15A-145.5 may obtain an expunction of a felony conviction under that statute, and vice versa, but not if the prior expunction was obtained before the offense sought to be expunged.

A prior expunction of a juvenile matter, including an adjudication of delinquency, should not bar an expunction of an adult conviction in most instances. The reason is that most statutes on expunging adult convictions bar an expunction if the person has received an expunction under specific statutes involving adult convictions, not juvenile matters. See supra Expunctions of Delinquency Matters.

G.S. 15A-146 allows unlimited expunctions of dismissals and acquittals. See also G.S. 15A-147 (allowing expunction of dismissal on grounds of identity theft or mistaken identity without regard to prior expunctions or convictions). Similarly, most of the statutes on expunctions of convictions do not make a prior expunction of a dismissal a bar. But see G.S. 15A-145.4 (barring expunction of nonviolent felony committed before age 18 if AOC records show prior expunction); G.S. 15A-145.6 (barring expunction of prostitution offense if AOC records show prior expunction other than for prostitution).

A separate question is whether a person can expunge multiple offenses at the same time, such as offenses that are transactionally related or are resolved in the same proceeding. For the availability of such relief, consult the part of this guide for the particular type of expunction.

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