Microsite Search: Relief from a Criminal Conviction (2025 Edition)
G.S. 15A-149 allows expunction of a conviction for which a person has received a pardon of innocence (see Table 11). Reflecting that a person who is eligible for this type of expunction has been declared innocent of the charges, the statute imposes no other requirements—for example, no waiting period, no limit on prior expunctions, and no requirement of a conviction-free record. A person who receives a pardon of innocence also is entitled to have DNA records or samples destroyed under G.S. 15A-148, discussed supra in Expunctions of Dismissals and Similar Dispositions: DNA Records.
Updated on: Monday, February 12, 2024 - 2:11pm
This type of drug-related expunction involves offenses for which a person has received a discharge and dismissal within the meaning of the applicable statutes (see Table 12 and Table 13). G.S. 90-96(a) and (a1) and the related expunction provisions in G.S. 15A-145.2(a) address controlled substance and drug paraphernalia offenses (although drug paraphernalia offenses themselves are addressed in a different article in G.S. Chapter 90). The discharge and dismissal provisions in G.S. 90-113.14(a) and (a1) and the related expunction provisions in G.S. 15A-145.3(a) address toxic vapor offenses.
Updated on: Friday, December 13, 2024 - 10:34am
This type of drug-related expunction involves findings of not guilty or dismissals (see Table 14). G.S. 90-96(d) and G.S. 15A-145.2(b) address expunction of controlled substance offenses, and G.S. 90-113.4(d) and G.S. 15A-145.3(b) address expunction of toxic vapor and drug paraphernalia offenses (although drug paraphernalia offenses themselves are addressed in a different article of G.S. Chapter 90). The expunction provisions for these offenses are discussed together because the requirements are essentially the same. Differences are reflected in the accompanying table.
Updated on: Monday, February 12, 2024 - 2:18pm
This type of drug-related expunction applies to convictions (see Table 15 and Table 16). The expunction procedures for offenses in G.S. 90-96(e) and G.S. 15A-145.2(c), which cover controlled substances and drug paraphernalia, and G.S. 90-113.14(e) and G.S. 15A-145.3(c), which cover toxic vapor offenses, are discussed together because the requirements are similar. Differences are reflected in the accompanying tables.
Updated on: Monday, February 12, 2024 - 2:21pm
G.S. 15A-1341(a2) authorizes a pre-plea deferred prosecution and G.S. 15A-1341(a5) authorizes a post-plea discharge and dismissal for cases handled through a Drug Treatment Court Program (see Table 17). An impaired driving offense under G.S. 20-138.1 is ineligible. The criteria for a pre-plea and post-plea deferral are nearly the same—the defendant must be eligible to participate in a Drug Treatment Court Program pursuant to Article 62 of Chapter 7A of the General Statutes. If the defendant successfully completes the program, the charges are dismissed.
Updated on: Monday, February 12, 2024 - 2:24pm
G.S. 15A-145.6 authorizes the expunction of a discharge and dismissal or a conviction of a prostitution offense in violation of G.S. 14-204, a Class 1 misdemeanor (see Table 18). This type of expunction was added as part of S.L. 2013-368 (S 683), a larger act that, among other changes, rewrote the existing statute on prostitution, G.S. 14-204. The requirements for a discharge and dismissal, which is a precondition for an expunction of those matters, are contained in G.S. 14-204(b). The court is required to impose a discharge and dismissal if the defendant consents and meets the conditions for a discharge and dismissal.
Updated on: Friday, January 10, 2025 - 11:38am
G.S. 15A-145.1 authorizes expunction of a discharge and dismissal or conviction of certain offenses involving gangs in violation of G.S. 14-50.29 and G.S. 14-15.30 (see Table 20). The 2009 Consolidation Act, S.L. 2009-577 (H 1329), moved the key expunction provisions from the gang statutes to G.S. 15A-145.1 and broadened the opportunity for an expunction by making G.S. 15A-145.1 applicable to expunction petitions filed on or after December 1, 2009. Previously, the gang offense expunction provisions, in G.S.
Updated on: Friday, December 13, 2024 - 10:32am
G.S. 14-313(f) authorizes a deferred prosecution and discharge and dismissal for a misdemeanor tobacco offense in violation of G.S. 14-313 (see Table 22). The statute does not contain or refer to specific expunction procedures, but both types of dispositions should be subject to expunction under the general expunction statute on dismissals, G.S. 15A-146. (A person also may be eligible for a deferred prosecution or discharge and dismissal of a tobacco offense under the general statute for those dispositions, G.S. 15A-1341, and for an expunction thereof under G.S. 15A-146.
Updated on: Monday, February 12, 2024 - 2:34pm
This part reviews the criteria for expunctions of delinquency proceedings—that is, proceedings in which a juvenile is alleged or adjudicated to be delinquent (see Table 24). The pertinent statutes are G.S. 7B-3200 through G.S. 7B-3202. G.S. 7B-2512 requires the court at disposition to notify the juvenile of the possibility of expunging the records of the case under G.S. 7B-3200.
Updated on: Friday, January 10, 2025 - 11:43am
Conviction of a felony bars a person from exercising various “citizenship” rights, such as the right to vote, hold public office, and sit on a jury.[1] Generally, these citizenship rights are automatically restored in North Carolina when a person completes his or her criminal sentence (see Table 25). G.S. 13-1(1) (providing for automatic restoration upon unconditional discharge of inmate, probationer, or parolee).[2]
Updated on: Friday, December 6, 2024 - 10:26am
G.S. 14-458.1(c) and G.S. 14-458.2(d) authorize expunction of a discharge and dismissal of a cyberbullying offense (see Table 21).[1] Both statutes provide for expunction under G.S. 15A-146. (A person also may be eligible for a discharge and dismissal of a cyberbullying offense under the general discharge and dismissal statute, G.S. 15A-1341(a4), and for an expunction thereof under G.S. 15A-146.
Updated on: Monday, February 12, 2024 - 2:31pm
This part reviews North Carolina’s certificate-of-relief procedure, enacted by the General Assembly in 2011. See S.L. 2011-265 (H 641). The procedure is patterned after the Uniform Collateral Consequences of Conviction Act (Uniform Act), enacted in 2009 and amended in 2010 by the Uniform Law Commission (also known as the National Conference of Commissioners on Uniform State Laws).
Updated on: Friday, January 10, 2025 - 11:50am
North Carolina has two registration programs—one for 30 years and the other for life. See G.S. 14-208.6A (stating that North Carolina has these two programs); State v. Davis, ___ N.C. App. ___, 904 S.E.2d 855 (2024) (unpublished) (recognizing that court may not order lifetime registration for a defendant who is subject to 30-year program only).
Updated on: Wednesday, January 8, 2025 - 1:07pm
This part deals with North Carolina procedures for restoration of the right to possess a firearm after conviction of a nonviolent felony (see Table 27). The restoration procedure, in G.S. 14-415.4, became effective February 1, 2011, meaning that a person who meets the criteria in that statute is eligible for restoration whether his or her offense or conviction occurred before or after February 1, 2011. See S.L. 2010-108 (H 1260), as amended by S.L. 2011-2 (H 18) (clarifying effective date).
Updated on: Wednesday, January 22, 2025 - 12:09pm
Three different sets of rules apply to termination of satellite-based monitoring based on the date the court ordered monitoring, set forth in Table 29. These dates come from legislation enacted by the General Assembly in 2021—S.L. 2021-138 (S 300), as amended by S.L. 2021-182 (S 183)—and in 2023—S.L. 2023-14 sec. 8.1 (S 20).
Updated on: Wednesday, December 11, 2024 - 3:45pm
The North Carolina Constitution grants the governor the power to grant a pardon for a conviction of any criminal offense (except for impeachment). The granting of a pardon is in the governor’s discretion. N.C. Const. art III, sec. 5(6). A pardon may not be granted until after conviction.[1] For the purpose of a pardon, a “conviction” likely means an adjudication of guilt, with or without entry of judgment.[2] G.S. 147-21 through G.S. 147-25 describe the basic procedures for applying for a pardon. G.S. 147-21 briefly describes the required contents of an application. There is not an official form for applying for a pardon.
Updated on: Thursday, December 5, 2024 - 5:19pm
A motion for appropriate relief (MAR) is a motion made after judgment to correct any errors that occurred before, during, or after a criminal trial or proceeding, including errors related to the entry of a guilty plea.[1] Article 89 of G.S. Chapter 15A (G.S. 15A-1411 through G.S. 15A-1422) addresses MARs. The procedures in Article 89 are detailed and are beyond the scope of this guide. The discussion below briefly reviews the grounds and effect of a successful MAR.
Updated on: Friday, January 10, 2025 - 11:52am
In 2006, the General Assembly added Article 92 to G.S. Chapter 15A, creating the North Carolina Innocence Inquiry Commission (Innocence Commission) and establishing “an extraordinary procedure to investigate and determine credible claims of factual innocence.” G.S. 15A-1461. These provisions authorize the Innocence Commission to investigate claims of innocence and refer meritorious cases for hearing by a special three-judge panel appointed by the Chief Justice of the North Carolina Supreme Court. G.S. 15A-1469(a). Priority is given to cases in which the convicted person is currently incarcerated for the crime for which he or she claims factual innocence. G.S. 15A-1466(2).
Updated on: Friday, March 5, 2021 - 10:30pm
The following list includes all legislation enacted by the General Assembly on expunctions and related matters from the first enactment in 1971 until 2008. For a discussion of expunction legislation from 2009 to the present, see supra Overview: Recent Legislation.
Updated on: Friday, February 26, 2021 - 12:47pm
Most expunction statutes with a waiting period of this type are subject to two possible interpretations. One interpretation is that the statutes can be construed consistently—essentially, that the person may not file an expunction petition until the later of two events: (i) the passage of a specified number of years since the date of the conviction or (ii) completion of the person’s sentence. Under this interpretation, a person always must wait the specified number of years after the date of conviction before petitioning for an expunction; if the person has not completed his or her sentence within that time, he or she must wait any additional time it takes to complete the sentence.
Updated on: Monday, February 12, 2024 - 3:56pm