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Expunction, expungement, or certificate of relief in North Carolina

Can I clear my record in North Carolina?

North Carolina calls record clearing "expunction."

Limited automatic clearing

How did your case end?

Pick the one that matches. We'll show the routes North Carolina law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

Dismissed charges and not-guilty verdicts can be expunged with no waiting period, and many cases disposed on or after December 1, 2021 are expunged automatically. Convictions for lower-level (Class H and I) felonies and most misdemeanors can be expunged by petition after waiting 3 to 20 years, but impaired driving (DWI), assault offenses and more serious felonies cannot. A Certificate of Relief doesn't clear the record but can lift some job and licensing barriers.1,2,3,4

Checked October 21, 2026 against 20 sources, starting with North Carolina law, then by a second reader.

What it's called
Expunction, expungement, or certificate of relief1,2,3
Automatic clearing
Limited, since December 1, 20218,10,11
DUI or DWI
Can't be cleared1,8,14
Filing fee
$0 to $1751,2,3
Fee waiver
Available1,2,3

Expungement

Expunction of nonviolent misdemeanors and felonies

The court orders the conviction expunged from court records and directs law enforcement and other state and local agencies to expunge theirs (G.S. 15A-145.5(e)). The effect is governed by G.S. 15A-153: a person with an expunction is not guilty of perjury or giving a false statement for not acknowledging the expunged matter, and employers and schools may not require applicants to disclose expunged information. Exceptions: some certification bodies (Chapters 17C and 17E, and the Sheriffs' Education and Training Standards Commission) still require disclosure, the record can be considered at sentencing for a later offense, and State DNA Database records are not covered.1,2,3

What it's for: Convictions for Class H and I felonies and most misdemeanors that are not on the statute's exclusion list, for people convicted as adults.

Who can use it

  • Misdemeanors other than Class A1 misdemeanors, and Class H or I felonies, that aren't on the exclusion list (G.S. 15A-145.5(a)).
  • One nonviolent misdemeanor, or more than one.
  • One nonviolent felony, or two or three nonviolent felonies. For two or three felonies, the felonies must have been committed within the same 24-month period (G.S. 15A-145.5(c3)).
  • Convictions from the same session of court count as one conviction (G.S. 15A-145.5(b)).
  • The court must find good moral character, no outstanding warrants or pending cases, no outstanding restitution orders or civil restitution judgments, and no disqualifying convictions during the waiting period.
  • Misdemeanors: no other felony or misdemeanor conviction (other than a traffic violation not listed in the petition) during the waiting period, and no earlier expunction of misdemeanors under this section (G.S. 15A-145.5(c2)).
  • Felonies: no misdemeanor conviction (other than a traffic violation not listed in the petition) in the 5 years before you file, and no other felony conviction during the waiting period. A prior felony expunction under this section bars a new one unless that earlier petition was filed before December 1, 2021 (G.S. 15A-145.5(c3), (c5)).
  • Convictions in more than one county need a petition in each county, all filed within a 120-day period (G.S. 15A-145.5(c4)).

What doesn't qualify

  • Any offense involving impaired driving as defined in G.S. 20-4.01(24a), including DWI (G.S. 15A-145.5(a1)).
  • Class A through G felonies and Class A1 misdemeanors.
  • Offenses that have assault as an essential element.
  • Offenses that require sex offender registration, whether or not the person still has to register, and listed sex-related and stalking offenses.
  • Felony drug offenses involving methamphetamine or heroin, and possession with intent to sell or deliver, or sale and delivery of, cocaine.
  • Hate-crime offenses (G.S. 14-3(c) applied) and offenses under G.S. 14-12.12(b), 14-12.13, 14-12.14, 14-401.16 and 14-54(a1).
  • Felonies in which a commercial motor vehicle was used.
  • Attempts to commit any excluded offense.
  • Any offense committed after the date of an earlier expunction order under this section (G.S. 15A-145.5). The pre-December 1, 2021 exception in G.S. 15A-145.5(c5) covers only offenses committed before that earlier expunction.

How long you have to wait

RecordWaiting period
One nonviolent misdemeanor3 yearsRuns from the conviction date or the end of any active sentence, probation or post-release supervision, whichever is later. Reduced from 5 years by S.L. 2025-71 for petitions filed on or after July 9, 2025.
More than one nonviolent misdemeanor7 yearsRuns from the last conviction (other than an unlisted traffic offense) or the end of any sentence, probation or post-release supervision, whichever is later.
One nonviolent felony10 yearsRuns from conviction or the end of any sentence, probation or post-release supervision, whichever is later.
One felony breaking or entering under G.S. 14-54(a)15 yearsRuns from conviction or the end of any sentence, probation or post-release supervision, whichever is later.
Two or three nonviolent felonies20 yearsRuns from the most recent conviction listed or the end of any related sentence, whichever is later.

How to apply

  1. Get the petition form for your record type: AOC-CR-298 for misdemeanors or AOC-CR-297 for felonies.
  2. Fill in the offense information from the court file and list the arresting agency and any other state or local agency that holds a record of the case.
  3. Attach the required affidavits: your own affidavit of good moral character, affidavits from two people not related to you or to each other, an affidavit that no restitution is owed, and an affidavit listing petitions filed or planned in other counties. Form AOC-CR-158 may be used but is optional.
  4. File with the clerk of superior court in the county where you were convicted, pay the $175 fee or ask to file as an indigent, and serve a copy on the district attorney.
  5. Follow the clerk's instructions to get a judge's signature so the SBI and the Administrative Office of the Courts can run the record checks.
  6. Ask the clerk or district attorney to schedule the hearing once the record checks come back.
Where to file
Clerk of superior court in the county where the conviction happened.
Cost
$175 paid to the clerk of superior court when the petition is filed (G.S. 15A-145.5(g)).
If you can't pay
You can ask to file without paying. The fee doesn't apply to petitions filed by an indigent person (G.S. 15A-145.5(g)). Use form AOC-G-106, which has a 'Petition To File Expunction Petition' option. People receiving SNAP, TANF or SSI, people represented by legal aid, and others who affirm they can't pay can use it; the clerk may ask for more financial information.
Court hearing
Sometimes
How long it takes
The NC Judicial Branch says expunctions may take several months, depending on record checks and hearing schedules.

Official forms

Expungement

Expunction of dismissed charges and not-guilty verdicts

Charges that were dismissed or ended in a not-guilty or not-responsible finding are expunged from court and law enforcement records, with the same G.S. 15A-153 protections as other expunctions.8,9,10

What it's for: Misdemeanor and felony charges (and infractions) that were dismissed or ended in a finding of not guilty or not responsible.

Who can use it

  • Any misdemeanor or felony charge that was dismissed, by petition (G.S. 15A-146(a)).
  • Any charge with a finding of not guilty or not responsible, by petition (G.S. 15A-146(a2)).
  • No waiting period, no limit on how many, and no bar based on prior convictions.

What doesn't qualify

  • Dismissals under G.S. 15A-1008 of charges against a defendant found incapable to proceed, for dismissals on or after December 1, 2025 (G.S. 15A-1008(d), as amended by S.L. 2025-93). The UNC School of Government expects this not to affect a prosecutor's voluntary dismissal of such a case, which needs no court order under G.S. 15A-1008, but calls related points open questions.
  • For automatic expunction only: a case with a felony charge that was dismissed under a plea agreement (G.S. 15A-146(a4)).

How long you have to wait

RecordWaiting period
Dismissed charge or not-guilty finding (petition)None
Case disposed on or after December 1, 2021 in which all charges were dismissed or ended in not guilty (automatic)180 to 210 days after final dispositionHappens by operation of law, without a petition (G.S. 15A-146(a4)).

Some records clear automatically. Under G.S. 15A-146(a4), when all charges in a case disposed on or after December 1, 2021 are dismissed without leave, dismissed by the court, or end in not guilty or not responsible, the charges are expunged by operation of law 180 to 210 days after final disposition. Felony cases dismissed under a plea agreement are excluded. Cases disposed before December 1, 2021 still need a petition. The UNC School of Government notes that agencies outside the court system may not be notified of automatic expunctions, so a petition can still be useful.

How to apply

  1. Check whether your case qualifies for automatic expunction; if it ended before December 1, 2021, or only some charges were dismissed, file a petition.
  2. Get the petition for dismissed or not-guilty charges (AOC-CR-287) from the NC Judicial Branch expunctions page; use one petition per county and court division.
  3. File with the clerk in the county where you were charged. The court can decide without a hearing in many cases.
Where to file
Clerk of court in the county where the charge was filed.
Cost
No fee for most dismissals and not-guilty findings. If the charge was dismissed after a deferred prosecution agreement or conditional discharge, the fee is $175 (G.S. 15A-146(d); NC Judicial Branch).
If you can't pay
You can ask to file without paying. The $175 fee doesn't apply to petitions filed by an indigent person (G.S. 15A-146(d)); use form AOC-G-106.
Court hearing
Sometimes
How long it takes
Automatic: 180 to 210 days after final disposition. By petition: the NC Judicial Branch says expunctions may take several months.

Official forms

Expungement

Expunction of drug offenses for people 21 or younger at the time

The drug charge or conviction is expunged, with the G.S. 15A-153 protections.13

What it's for: Simple drug possession and paraphernalia charges and convictions, and conditional discharges, for people who were 21 or younger when the offense happened.

Who can use it

  • Person was not over 21 at the time of the offense.
  • A conditional discharge and dismissal under G.S. 90-96(a) or (a1).
  • Dismissed or not-guilty charges for misdemeanor simple possession of a Schedule I-VI substance or a felony under G.S. 90-95(a)(3).
  • A conviction for misdemeanor simple possession, drug paraphernalia, or a G.S. 90-95(a)(3) felony, if the person had no prior felony or drug convictions, has had good behavior since, has no other felony or non-traffic misdemeanor conviction before or since, and completed an approved drug education program (the judge may waive the program in some cases). Available only once (G.S. 15A-145.2(c)).

What doesn't qualify

  • People who were 22 or older at the time of the offense (they may still qualify under G.S. 15A-145.5 or 15A-146).
  • A conviction if the person had a prior felony or Chapter 90 drug conviction.

How long you have to wait

RecordWaiting period
Qualifying drug conviction12 months after conviction
Dismissed or not-guilty drug chargeNone stated

How to apply

  1. File a petition in the county where you were charged, with an affidavit of good behavior and two character affidavits from unrelated people.
  2. Include an application for a name-based criminal record check.
Where to file
Court in the county where the person was charged.
Cost
$175 to the clerk of superior court ($122.50 to the SBI, $52.50 to the Administrative Office of the Courts) (G.S. 15A-145.2(d)).
If you can't pay
You can ask to file without paying. The fee doesn't apply to petitions filed by an indigent person (G.S. 15A-145.2(d)).

Certificate of relief

Certificate of Relief

Relieves most collateral sanctions (automatic legal bars tied to the conviction) unless modified or revoked. It does not automatically relieve a disqualification, but agencies and courts must consider it favorably. It does not expunge any record and is not a pardon. It is revoked automatically by a later conviction other than a traffic violation (G.S. 15A-173.2).14,15

What it's for: People with no more than three Class H or I felony convictions and any number of misdemeanors.

Who can use it

  • No more than three Class H or I felonies and any misdemeanors; felonies from the same court session count as one.
  • Engaged in or seeking a lawful occupation or activity, or has a lawful source of support.
  • Complied with all sentence requirements and is not in violation of any criminal sentence.
  • No pending criminal charge.
  • Granting it would not pose an unreasonable risk to public safety.

What doesn't qualify

  • People with a Class A through G felony conviction or more than three Class H or I felonies.

How long you have to wait

RecordWaiting period
Any eligible conviction12 months after completing the sentenceThe sentence isn't complete until all active time, probation, post-release supervision and parole are finished.

How to apply

  1. File form AOC-CR-273 in the court where you were convicted.
  2. A senior resident superior court judge (for superior court convictions) or chief district court judge (for district court convictions) decides.
Where to file
The court where the conviction happened.
Cost
One-time $50 fee to the clerk of superior court at filing (G.S. 15A-173.2(h)).
If you can't pay
You can ask to file without paying. The fee doesn't apply to indigent petitioners (G.S. 15A-173.2(h)); form AOC-G-106 is the court's indigency petition.

Official forms

Automatic clearing

North Carolina automatically expunges charges, but not convictions. Under G.S. 15A-146(a4), when every charge in a case disposed on or after December 1, 2021 is dismissed or ends in not guilty or not responsible, the charges are expunged by operation of law 180 to 210 days after final disposition. Felony cases dismissed under a plea agreement are excluded. The UNC School of Government reports that automatic expunctions were paused from August 1, 2022 (S.L. 2022-47) and resumed after S.L. 2024-35 took effect on July 8, 2024. There is no automatic expunction of convictions.8,10,11

DUI and DWI records in North Carolina

A DWI or any other impaired-driving conviction (as defined in G.S. 20-4.01(24a)) cannot be expunged under G.S. 15A-145.5(a1), no matter how long ago it was. A DWI charge that was dismissed or ended in not guilty can be expunged under G.S. 15A-146, and may be expunged automatically if the case was disposed on or after December 1, 2021. A Certificate of Relief (G.S. 15A-173.2) is available for people with only misdemeanors and up to three Class H or I felonies; it can ease some job and licensing barriers but does not remove the DWI from the record.1,8,14

Arrests and dismissed charges

Dismissed charges and not-guilty or not-responsible findings can be expunged by petition under G.S. 15A-146, with no waiting period, no limit on how many, and no bar for prior convictions. Cases disposed on or after December 1, 2021 in which all charges were dismissed or ended in not guilty are expunged automatically 180 to 210 days after final disposition, except felony cases dismissed under a plea agreement. There's no filing fee unless the dismissal followed a deferred prosecution agreement or conditional discharge ($175, waived for indigent petitioners). Since December 1, 2025, a court's dismissal of charges against a defendant found incapable to proceed can't be expunged under G.S. 15A-146.5,8,9

Marijuana records

We found no marijuana-specific expunction law. Marijuana possession is handled like other drug offenses: people who were 21 or younger at the time may use G.S. 15A-145.2, and others may qualify for misdemeanor expunction under G.S. 15A-145.5. Felony drug offenses involving methamphetamine or heroin, and cocaine sale or intent-to-sell offenses, are excluded from G.S. 15A-145.5.1,13

What employers can see afterward

Under G.S. 15A-153(c), employers and educational institutions may not require an applicant to disclose expunged arrests, charges or convictions in an application, an interview or otherwise, and applicants don't have to mention expunged matters. The Commissioner of Labor enforces this: a written warning for a first violation, then civil penalties of up to $500 per violation. State and local law enforcement agencies are exempt, and some law enforcement and sheriff certification applicants must still disclose expunged felonies. The section doesn't create a private right to sue. We did not confirm whether any North Carolina law limits when private employers may ask about criminal history (a 'ban the box' law); we found none in the sources we reviewed.3

Free help in North Carolina

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.16,17,18
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.19,20

This page explains North Carolina's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in North Carolina?" https://secondchanceindex.com/record-clearing/north-carolina, checked October 21, 2026.

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Sources

Each source was opened and checked on October 21, 2026.

  1. N.C. Gen. Stat. § 15A-145.5
  2. Session Law 2025-71 (Senate Bill 311), Part XIINorth Carolina General Assembly
  3. G.S. 15A-153. Effect of expunctionNorth Carolina General Assembly
  4. Instructions for AOC-CR-297 (Rev. 6/25)North Carolina Administrative Office of the Courts
  5. ExpunctionsNorth Carolina Judicial Branch
  6. AOC-G-106 Petition to Proceed as an Indigent (Rev. 1/23)North Carolina Administrative Office of the Courts
  7. Criminal record expunctionLegal Aid of North Carolina
  8. N.C. Gen. Stat. § 15A-146
  9. Session Law 2025-93 (House Bill 307, Iryna's Law), Section 7North Carolina General Assembly
  10. Session Law 2024-35 (Senate Bill 565)North Carolina General Assembly
  11. Dismissal or Finding of Not Guilty: Misdemeanors, Felonies, and Certain InfractionsUNC School of Government
  12. Expunction Changes and Updated Expunction Guide for 2026UNC School of Government
  13. N.C. Gen. Stat. § 15A-145.2
  14. N.C. Gen. Stat. § 15A-173.2
  15. AOC-CR-273 Certificate of Relief Petition and Order (Rev. 12/19)North Carolina Administrative Office of the Courts
  16. List of consumer reporting companiesConsumer Financial Protection Bureau
  17. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  18. Employer Background Checks and Your RightsFederal Trade Commission
  19. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  20. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)