Background checks happen constantly, from employment and professional licenses to housing and loans. Unfortunately, this means that people who made one mistake may find themselves reliving it repeatedly.
These criminal records do not have to last forever. Expunction allows people to request the removal of a criminal charge or conviction from public record. Once granted, a person does not need to disclose an arrest or conviction on job applications, rental forms or professional license requests. The state seals or destroys the records, giving people a chance at a fresh start.
What criminal charges are eligible for expunction?
Under North Carolina’s expunction laws, eligibility depends on the type of offense, how much time has passed, and whether someone has stayed out of trouble since. Charges that typically qualify include:
- Dismissed charges or not guilty verdicts
- Nonviolent misdemeanors, such as shoplifting, simple drug possession, trespassing or check fraud
- Nonviolent felonies, such as felony larceny, forgery or possession of stolen goods
- Certain offenses committed as a minor or young adult
Under the Second Chance Act, the state automatically clears dismissed cases or not guilty verdicts. For other charges, waiting periods of varying lengths may apply.
For example, the waiting period for a nonviolent misdemeanor is three years. This period begins only after a person completes their entire sentence, including probation and post-release supervision. They must also maintain a clean record – meaning no new convictions – throughout that entire waiting period.
What criminal charges are not eligible for expunction?
Offenses that cannot be expunged and remain permanently on record include:
- Driving while impaired (DWI)
- Robbery, burglary and other violent felonies
- Sex offenses
- Serious drug crimes
Take note that even if your charges do qualify, expunction is not always guaranteed. It helps to consult with a criminal defense attorney about your specific situation.
Move forward with a clean slate
North Carolina’s expunction laws exist to give people who have turned their lives around a real second chance. However, the process has strict requirements and timelines that can be difficult to navigate alone. Getting the right guidance from a legal professional may be necessary.