Microsite Search: Relief from a Criminal Conviction (2023 Edition)
No. The purpose of an expunction, stated in various ways in the expunction statutes, is to restore a person to the status he or she occupied before conviction of the offense. An expunged conviction therefore does not constitute a conviction for purposes of determining whether a person has a prior disqualifying conviction. However, some expunction statutes provide that a prior expunction of a particular kind disqualifies a person from obtaining another expunction. For that reason, a prior expunction, if made a disqualifier by the particular statute, would preclude a person from obtaining another expunction.
Updated on: Tuesday, March 2, 2021 - 2:28pm
For convictions on or after July 1, 1975, a conviction based on a no contest plea is both subject to expunction and a bar to expunction of other matters if the plea is for an offense specified by the expunction statute. For convictions before July 1, 1975, the answer to each question may diverge.
Updated on: Friday, January 25, 2019 - 3:40pm
A person should be able to obtain an expunction of a true PJC under the same circumstances as for an expunction of a final judgment of conviction, both for policy reasons and under the language of the statutes. The treatment of a PJC for the purpose of determining whether it is a bar to relief is not necessarily the same, however. The answer depends on the language of the particular statute and the cases interpreting it.As with other expunction questions, trial courts’ treatment of PJCs may vary. A person interested in a future expunction may benefit more by obtaining a diversion (deferred prosecution or discharge and dismissal), which has more certain consequences.
Updated on: Tuesday, March 5, 2024 - 10:43am
North Carolina’s statutes previously allowed an expunction of a misdemeanor DWI conviction in limited circumstances. Effective for petitions filed or pending on or after December 1, 2015, no statute allows expunction of a conviction of a DWI or other impaired driving offense as defined in G.S. 20-4.01(24a). S.L. 2015-150 (H 273). (While the General Assembly could prospectively eliminate relief for petitions filed on or after the effective date of the 2015 legislation, the elimination of relief for petitions filed but not yet decided before the effective date may violate ex post facto principles. See generally State v. Ramseur, 374 N.C.
Updated on: Monday, April 1, 2024 - 11:38am
The answer depends on the offense and type and date of disposition. Convictions for felonies or misdemeanors subject to registration are not eligible for expunction, whether or not the person is currently required to register. Convictions for offenses committed before the law made them subject to registration may be subject to expunction. A dismissal or diversion (deferred prosecution or discharge and dismissal) is subject to expunction.
Updated on: Tuesday, March 26, 2024 - 3:14pm
No. The North Carolina statutes barring an expunction because of a prior expunction are worded in two ways, neither of which includes out-of-state expunctions.
Updated on: Tuesday, September 15, 2015 - 9:48am
Because an adjudication of criminal contempt may be viewed as a conviction of a crime and therefore carry the same adverse collateral consequences, it may be subject to expunction. It would likely be treated as a misdemeanor because of its limited sentence length. G.S. 5A-12 (imposing sentence for contempt from 30 days to six months); see also G.S. 14-3 (treating misdemeanor without classification as Class 3 misdemeanor if sentence is 30 days or less and as Class 2 misdemeanor if sentence is more than 30 days and six months or less).
Updated on: Monday, March 5, 2018 - 12:26pm
Updated on: Tuesday, March 2, 2021 - 10:04am
This discussion addresses situations in which a state agency disagrees with an order granting an expunction and requests reconsideration or review. It also discusses actions a petitioner may take to compel a state agency to comply with an order granting an expunction. Other parts of this guide discuss situations in which the petitioner contests an order of the court or seeks other relief. See supra Overview: Procedure to Obtain an Expunction (discussing subsequent petitions, modifications of orders, and appellate review).
Updated on: Monday, February 12, 2024 - 3:49pm
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.
Updated on: Monday, February 12, 2024 - 3:52pm
Yes. G.S. 15A-145.5 allows an expunction of a felony 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 has received a prior expunction of a conviction, including an expunction of a felony conviction. Therefore, a person can obtain an expunction of both a felony conviction and dismissal.
Updated on: Monday, February 12, 2024 - 3:54pm
Below are listed the tables in this guide. To view a table, click on the applicable link below. If you are interested in further discussion of the relief reflected in a particular table, consult the accompanying portion of this guide.ExpunctionsTable 1. Misdemeanor Convictions for Offenses Committed before Age 18 and 21Table 2. Nonviolent Felony Convictions for Offenses Committed before Age 18Table 3. Adult Convictions for Misdemeanors and Class H and I Felonies Committed by Juveniles
Updated on: Tuesday, March 2, 2021 - 3:47pm
Many people are accustomed to identifying expunctions and diversions by statute number rather than by the type of matter affected. Below is a chronological list of expunction and diversion statutes, linked to the pertinent parts of this guide. Expunction Statues G.S. 7B-3200Expunctions of Delinquency MattersG.S. 15A-145(a), (b)Misdemeanor Convictions for Offenses Committed before Age 18 or 21
Updated on: Tuesday, March 2, 2021 - 3:46pm
The statutes do not specifically say, but the General Assembly appears to have intended for the offense class at the time of conviction to control. This issue arises with G.S. 15A-145.4, which allows expunction of Class H and I felony convictions for offenses committed before age 18; G.S. 15A-145.5, which allows expunction of convictions of Class H and I felonies and Class 1, 2, or 3 misdemeanors; G.S. 15A-145.9, which allows expunctions of Class H and I felonies and any class of misdemeanor by human trafficking victims; and G.S. 15A-173.2, which allows a certificate of relief for convictions of Class G, H, and I felonies and any class of misdemeanor. Two main reasons support this conclusion.
Updated on: Tuesday, March 2, 2021 - 4:04pm
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.
Updated on: Monday, January 17, 2022 - 9:18pm
Effective for offenses committed on or after December 1, 2018, G.S. 15A-145.7 authorizes expunction of a discharge and dismissal of offenses involving false reports of mass violence in violation of G.S. 14-277.5 and threats of mass violence at schools and places of worship in violation of G.S. 14-277.6 and G.S. 14-277.7 (see Table 23). This type of expunction was added as part of S.L. 2018-72 (H 670), which created the offenses in G.S. 14-277.6 and G.S. 14-277.7. The requirements for a discharge and dismissal, which is a precondition for an expunction, are contained in G.S. 14-277.8.
Updated on: Monday, February 12, 2024 - 2:37pm
G.S. 15A-145.8A authorizes expunction of an adult criminal conviction of misdemeanors and Class H and I felonies by a juvenile (see Table 3). This type of expunction provides greater parity between juveniles who were convicted as adults before North Carolina’s “Raise the Age” legislation took effect and juveniles whose cases now fall under juvenile jurisdiction and do not result in a criminal conviction. See Jacqueline Greene, Expunction Relief for “Doughnut Hole” Youth, N.C. Crim. L., UNC Sch. of Gov’t Blog (Jun. 23, 2020).
Updated on: Monday, February 12, 2024 - 12:10pm
Effective for offenses committed on or after December 1, 2019, G.S. 15A-145.8 and G.S. 7B-2200.5(d) require expunction of the superior court record of charges against a juvenile that were transferred to superior court for prosecution as an adult if the superior court remands the case to the juvenile jurisdiction of the district court (see Table 9). See S.L. 2019-186 (S 413), §§ 8, 11. The court must remand the case on joint motion of the prosecutor and must order expunction of the superior court record and of DNA records.
Updated on: Monday, February 12, 2024 - 2:10pm