Relief from a Criminal Conviction (2023 Edition)

If a person obtains an expunction of a conviction or other proceeding in which the person was on probation, the expunction should cover any probation violations connected with the case. In other words, a person does not specifically request an expunction of the probation violation; rather, the person obtains an expunction of the entire proceeding, including any probation violations. See G.S. 15A-150(b) (requiring expunction of all entries made as a result of the charge or conviction ordered expunged); N.C. Administrative Office of the Courts, Expunction Guide for Clerks at 21 (Mar. 2020) (advising clerk that this result is required).

None of the relief statutes make a probation violation a bar to an expunction or other relief. Nor is a probation violation a conviction, so it does not disqualify a person from relief on that ground. Many of the statutes, however, require that the person show that he or she has been of “good moral character” for a period of time after the proceeding. See, e.g., G.S. 15A-145.4(e). A probation violation, depending on its basis, may bear on that question.