Microsite Search: Relief from a Criminal Conviction (2021 Edition)
This part of the guide provides answers to frequently asked questions about expunctions, certificates of relief, and other mechanisms for obtaining relief from a criminal conviction in North Carolina. Many questions are not specifically resolved by the North Carolina relief statutes. The answers reflect the interpretations of the author, John Rubin.
Updated on: Wednesday, March 15, 2017 - 2:23pm
Welcome to Relief from a Criminal Conviction: A Digital Guide to Expunctions, Certificates of Relief, and Other Procedures in North Carolina. This web-based guide, recipient of the Margaret Taylor Writing Award from the School of Government, explains in one place the principal mechanisms available in North Carolina for obtaining relief from a criminal conviction. It supplements the School’s Collateral Consequences Assessment Tool, C-CAT, an online tool enabling users to identify the potential consequences of a criminal conviction in North Carolina. The guide includes changes made by the General Assembly through the end of its 2021 legislative session.Features include:
Updated on: Friday, January 21, 2022 - 12:02pm
A conviction of a crime may have far-reaching consequences, both criminal and civil. When a person is convicted of a crime, the sentence imposed by the judge contains the criminal consequences, which may include imprisonment, probation, fines, and other punishments. Additional consequences, often called civil or collateral consequences, also flow from conviction of a crime, but they ordinarily are separate from the criminal sentence—they may arise automatically from the conviction and not be specifically imposed or even mentioned at sentencing in the criminal case.
Updated on: Wednesday, February 24, 2021 - 9:41pm
Expunction is a procedure by which a person obtains a court order to expunge the record of prior proceedings against him or her. In North Carolina, an expunction means that paper and electronic records of the proceedings are deleted or destroyed with limited exceptions. See infra Overview: Effect of Expunction. The right to obtain an expunction depends on North Carolina statutes. If no statute authorizes an expunction of a conviction, a person generally has no right to one.[1]
Updated on: Thursday, January 20, 2022 - 4:42pm
This guide groups expunctions of adult criminal matters into four main categories, corresponding to the main types of expunctions available under North Carolina law. The four categories are:
Updated on: Wednesday, February 24, 2021 - 1:45pm
Although each type of expunction of an adult criminal matter has its own preconditions, all involve the same basic procedure with some variations.Initiation of Expunction ProcessBy individual petitioner. For most expunctions, the petitioner must file a petition with the appropriate state court and show that he or she meets the criteria for an expunction. If the person meets the criteria, the statutes typically require that the court grant the petition and order an expunction; they do not give the court discretion to deny the petition.[1]
Updated on: Wednesday, April 6, 2022 - 4:59pm
An order granting a petition for an expunction of an adult criminal matter has two basic effects. One, it requires deletion of records about the case. Two, it seeks to restore the petitioner to the status he or she had before the proceedings occurred. This discussion briefly describes those effects and their limitations; the discussion is not intended to be exhaustive.
Updated on: Wednesday, February 16, 2022 - 1:26pm
Almost all of North Carolina’s expunction statutes for convictions have age requirements. Most require that the defendant have been under a certain age when he or she committed the offense, from under age 18 to under age 22 depending on the particular statute. In the past several years, the General Assembly has expanded expunctions of convictions based on the age of the offense—that is, a certain amount of time has passed since the conviction. A defendant is eligible for this type of expunction regardless of his or her age at the time of the offense.
Updated on: Thursday, February 25, 2021 - 10:03am
In the past, North Carolina’s expunction statutes provided a narrow path to relief, limiting expunctions to cases involving drug offenses committed before age 22, convictions for misdemeanors committed before age 18 and 21, and dismissals and acquittals. In 2009, the North Carolina General Assembly began to give greater attention to this area of law, reorganizing and expanding the expunction statutes in recognition of the adverse impact of a criminal record on a person’s future. The principal changes since 2009 are summarized below. They are incorporated into this guide where applicable. Legislation enacted before 2009 is summarized in Appendixes: Previous Legislation.
Updated on: Thursday, January 20, 2022 - 4:40pm
North Carolina’s relief statutes, particularly the expunction statutes, are complex. They contain an extraordinary amount of detail, which can be difficult to understand and apply. Further, the expunction process involves multiple participants, sometimes with different perspectives. The usual participants in a criminal case are involved in litigation of the issues: the petitioner, alone or through counsel; the District Attorney’s office, which represents the State in response; and the judge, who decides on eligibility for relief. Others play a significant role outside of court.
Updated on: Monday, January 17, 2022 - 1:37pm
G.S. 15A-145(a) and (b) authorize expunctions of misdemeanor convictions based on the age of the person at the time of the offense (see Table 1). A person who satisfies the requirements may obtain an expunction of multiple convictions if they arose out of the same transaction or occurrence or were consolidated for trial or judgment.[1]
Updated on: Monday, January 17, 2022 - 2:37pm
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)).
Updated on: Friday, June 10, 2022 - 9:36am
G.S. 15A-145.5 authorizes expunction of older nonviolent misdemeanor and felony convictions (see Table 4). This type of expunction became effective on December 1, 2012, which means it is available for offenses and convictions that occurred before or after that date. See S.L. 2012-191 (H 1023) (amended by S.L. 2014-119 (H 369)). The General Assembly expanded the relief available under this statute in 2020 (S.L. 2020-35 (S 562)) and in 2021.
Updated on: Friday, June 10, 2022 - 9:34am
G.S. 15A-145(d1) previously authorized expunction of older misdemeanor larceny convictions. This type of expunction, added by the 2009 Consolidation Act, S.L. 2009-577 (H 1329), was repealed in 2012 with the General Assembly’s enactment of a broader opportunity to expunge older nonviolent felony and misdemeanor convictions. See supra Expunctions on Basis of Age: Older Nonviolent Misdemeanor and Felony Convictions.
Updated on: Wednesday, January 5, 2022 - 3:17pm
North Carolina law allows the expunction of various kinds of proceedings that end in the dismissal of a case. All involve cases that end without a conviction. The main types of dismissals are discussed briefly below and in greater detail in the parts of this guide on the particular dismissal.Dismissals and AcquittalsG.S. 15A-146 is the main mechanism for cases that end without a conviction. It covers dismissals and findings of not guilty. It imposes no preconditions for an expunction other than those stated in that statute.
Updated on: Tuesday, January 11, 2022 - 5:19pm
G.S. 15A-146 allows expunction of dismissals and findings of not guilty of felony or misdemeanor charges and of findings of not responsible for certain infractions (see Table 5). A dismissal, whether by the State or by the court, may be expunged. For a discussion of the types of dispositions that constitute dismissals subject to G.S. 15A-146, see supra Expunctions of Dismissals and Similar Dispositions: Types of Dismissals.G.S. 15A-146 has three categories of expunctions of dismissals and findings of not guilty:
Updated on: Friday, January 28, 2022 - 10:13am
G.S. 15A-1341(a4) authorizes a discharge and dismissal for any class of misdemeanor and any Class H or I felony (see Table 6). An impaired driving offense under G.S. 20-138.1 is ineligible. The statute does not contain or refer to specific expunction procedures, but a discharge and dismissal should be subject to expunction under the general expunction statute on dismissals, G.S. 15A-146.
Updated on: Thursday, January 6, 2022 - 5:29pm
G.S. 15A-1341(a1) authorizes a deferred prosecution for any misdemeanor and any Class H or I felony (see Table 7). An impaired driving offense under G.S. 20-138.1 is ineligible. The statute does not contain or refer to specific expunction procedures, but a deferred prosecution should be subject to expunction under the general expunction statute on dismissals, G.S. 15A-146. (For a discussion of the impact of a deferred prosecution and its eligibility for expunction, see supra Expunctions of Dismissals and Similar Dispositions: Types of Dismissals.)
Updated on: Thursday, January 6, 2022 - 5:34pm
G.S. 15A-147 allows expunction of dismissals and findings of not guilty if the underlying charge against the person was the result of identity theft (see Table 8). The statute also authorizes an expunction when a conviction resulting from identity theft is set aside.The statute also authorizes an expunction in cases of mistaken identity. G.S. 15A-147(g) defines “mistaken identity” as the erroneous arrest of a person for a crime as a result of some mistake on the part of a witness or law-enforcement officer about the identity of the person who committed the crime.
Updated on: Thursday, January 6, 2022 - 5:37pm
North Carolina law provides for expunction of DNA records and samples (see Table 10). North Carolina law requires the taking of DNA samples on arrest for certain offenses and following conviction for those and other offenses, including all felonies. See G.S. 15A-266.3A(f), (g); G.S. 15A-266.4(b).
Updated on: Thursday, January 20, 2022 - 5:53pm