Expungement / Record Sealing Petition and Eligibility Memo — North Carolina

comments before filing. -->

Expungement / Record Sealing Petition and Eligibility Memo (NORTH CAROLINA)

Quick-Reference Summary

Part A — Eligibility Memo

1. Statutory Framework

North Carolina expunction is fragmented across multiple statutes in NCGS Chapter 15A, Article 5. There is no single "expungement" statute. The correct statute depends on:

• Disposition (conviction vs. dismissal/acquittal);
• Offense type and class;
• Age at time of offense;
• Whether the offense pre-dates December 1, 2019 (the Raise-the-Age effective date);
• Whether the case is a first-offender drug or toxic-vapors disposition;
• Whether the petitioner has had a prior expunction.

2. The Second Chance Act (S.L. 2020-35 / SB 562)

The Second Chance Act, signed into law in June 2020 and effective December 1, 2020:

• Removed the prior felony-conviction disqualification for § 15A-146 dismissed-charge expunctions (so a person with a prior felony conviction may now expunge dismissed charges);
• Created automatic expunction "by operation of law" for cases in which ALL charges are dismissed or disposed "not guilty" on or after December 1, 2021. Plea-agreement partial dismissals are NOT automatic and require petition;
• Expanded § 15A-145.5 to allow expunction of MULTIPLE nonviolent misdemeanors after 7 years (previously limited to one);
• Created § 15A-145.8A providing for expunction of pre-Raise-the-Age "youthful convictions" (age 16-17 at time of offense; offense before 12/1/2019) — petitionable by the person OR by the district attorney for mass relief affecting more than 400,000 convictions.

3. Most-Used Statutes — Eligibility Summary

A. § 15A-145.5 — Adult Nonviolent Misdemeanor / Felony Expunction

The principal "adult conviction" statute. Permits expunction of:

• One nonviolent misdemeanor after 5 years;
• Multiple nonviolent misdemeanors after 7 years;
• One nonviolent felony after 10 years (counted from completion of sentence including any active sentence, probation, or post-release supervision).

Eligibility requirements (§ 15A-145.5(c)):

• Offense must be a "nonviolent misdemeanor" or "nonviolent felony" as defined in § 15A-145.5(a);
• No convictions other than traffic violations during the waiting period;
• No other felony or misdemeanor convictions other than traffic violations (one-misdemeanor track) OR no convictions for an offense listed as an exception to nonviolent-misdemeanor or nonviolent-felony (multiple track);
• No prior expunctions under §§ 15A-145, .145.1, .145.2, .145.3, .145.4, .145.5, .145.6, .145.8, .145.8A;
• All restitution paid;
• Two affidavits of good character from non-relatives;
• $175 filing fee (waivable for indigency; not charged if DA filed).

Excluded offenses (§ 15A-145.5(a)):

• Class A through G felonies;
• Offenses involving assault as essential element (Class A1 misdemeanor and felony assaults);
• Offenses requiring sex-offender registration under Art. 27A of Ch. 14;
• Offenses involving methamphetamine, heroin, cocaine at trafficking levels;
• Hate-crime offenses (under § 14-3(c) sentencing enhancement);
• Offenses under Ch. 20 (motor-vehicle laws), including impaired driving (DWI);
• Offenses involving minors (where victim under 16; some under 18);
• Domestic-violence-protective-order violations;
• Class G felony sale of controlled substance to a minor;
• Sexual exploitation; stalking;
• Felony offense of assault, battery, communication of threats with intent to intimidate.

B. § 15A-146 — Dismissed Charges / Not Guilty

• Effective 12/1/2020: no longer disqualified by prior felony conviction;
• Effective 12/1/2021: automatic expunction "by operation of law" if ALL charges in the case are dismissed or disposed "not guilty";
• Plea-agreement partial dismissals: NOT automatic — petition required (AOC-CR-285);
• No filing fee;
• No notice requirement;
• Court SHALL grant if statutory criteria met.

C. § 15A-145.8A — Pre-Raise-the-Age Youthful Conviction

For offenses committed before December 1, 2019 by a person who was at least 16 but less than 18 at the time:

• Eligible: any misdemeanor; any Class H or I felony;
• Excluded: Chapter 20 motor-vehicle offenses (including impaired driving); sex-offender-registration offenses;
• Sentence and any probation/post-release must be complete;
• No restitution orders or outstanding civil judgments for restitution;
• Petition may be filed by petitioner OR by district attorney;
• $175 filing fee (waived if filed by DA or petitioner indigent);
• 30-day notice to DA;
• Victim has right to attend hearing and be heard;
• Court SHALL grant if criteria met.

D. Other Targeted Statutes

4. Categorical Exclusions Across All Statutes

The following are generally ineligible for expunction regardless of statute:

• DWI / impaired driving (Ch. 20 offenses) — categorical bar across all expunction statutes;
• Sex-offender-registration offenses under Article 27A of Chapter 14;
• Class A-E felonies (life or death-eligible categories);
• Hate-crime sentencing enhancement offenses;
• Methamphetamine offenses and trafficking levels of controlled substances.

5. Waiting Period Calculation

Time runs from the later of (a) date of conviction; (b) completion of any active sentence; (c) completion of any probation, parole, or post-release supervision. Outstanding restitution generally must be paid before petition will be granted. Court costs are not a bar.

6. Procedure

1. Identify correct statute based on disposition, offense type, age, and date of offense.
2. Obtain SBI criminal record check (Right to Review request) and certified disposition from clerk of court.
3. Use the correct AOC form:
   - AOC-CR-281 — § 15A-145.5 nonviolent conviction
   - AOC-CR-285 — § 15A-146 dismissed/not-guilty
   - AOC-CR-293 (person) / AOC-CR-294 (DA) — § 15A-145.8A youthful conviction
   - AOC-CR-262 — § 15A-145.2 drug first-offender
   - AOC-CR-264 — § 15A-145 first-offender under 18
   - AOC-CR-265 — § 15A-145.4 nonviolent felony under 18
4. File in the court of conviction (or court where the charge arose for dismissed cases).
5. Serve the DA at least 30 days before any hearing (where required).
6. Notify victim under § 15A-832 / § 15A-145.5(c1) where applicable.
7. AOC review for felony petitions: the petition is forwarded to the NC AOC, which checks statewide records for statutory disqualifiers before the order is entered.
8. Hearing (where required): petitioner presents evidence of eligibility; DA may object.
9. Order: if criteria met, court SHALL grant for most categories (mandatory grant statutes).

7. Effect of Expunction (§ 15A-150, § 15A-151, § 15A-151.5)

Upon expunction, the person is restored to the status occupied before the arrest or conviction. Specifically:

• Records of arrest, charge, and conviction are removed from public access and from court indexes;
• Petitioner may lawfully answer "No" to questions about the expunged offense in most contexts;
• Exceptions under § 15A-151.5 — the petitioner MUST disclose to: the NC State Bar (for admission); certain law-enforcement, judicial-branch, and educational employers; healthcare licensing boards (some); criminal-justice-agency employers;
• The AOC/SBI confidential file under § 15A-151 retains the expunged record for limited use by prosecutors and courts, including for: sentencing in any later prosecution; determining eligibility for future expunctions; processing later applications under §§ 15A-145.4, .145.5, .145.6, .145.8, .145.8A;
• Expunged convictions are NOT available to private employers, landlords, credit reporters, or the general public.

8. Subsequent-Conviction Consequences

• A subsequent conviction may BAR a pending petition;
• A prior expunction under most of the listed statutes BARS further expunction under § 15A-145.5;
• A subsequent felony conviction does NOT automatically reopen an expunged record, but the expunged record may be considered by the court in sentencing.

9. Automatic Expunction Schedule

• § 15A-146 automatic dismissal expunction (post-12/1/2021): when ALL charges in a case are dismissed or disposed "not guilty," automatic by operation of law;
• § 15A-145.8A DA mass petitions: DAs may file mass petitions for youthful convictions; some counties have actively processed these;
• No statewide "Clean Slate" automatic conviction-expunction program currently exists in NC for adult convictions.

Part B — Petition Template

VERIFIED PETITION FOR EXPUNCTION

Now comes Petitioner, [PETITIONER FULL LEGAL NAME], by and through [self / undersigned counsel], pursuant to N.C. Gen. Stat. § [15A-145.5 / 15A-146 / 15A-145.8A / other: ________], and respectfully petitions this Honorable Court for an Order expunging the records identified herein. In support, Petitioner states:

I. Petitioner

1. Full legal name: [________________________________].
2. All other names used: [________________________________].
3. Date of birth: [__/__/____].
4. Race: [____]. Sex: [____].
5. Social Security Number (last 4 digits only on public copy): [XXX-XX-____].
6. Current residential address: [________________________________].
7. Phone: [________________________________]. Email: [________________________________].
8. SBI / Person ID number (if known): [________________________________].

II. Underlying Case(s)

III. Statement of Eligibility

9. Petitioner avers that the records sought to be expunged are eligible under the cited statute for the following reason(s) (check all applicable):

☐ § 15A-145.5 nonviolent conviction: The offense is a "nonviolent misdemeanor" or "nonviolent felony" as defined in § 15A-145.5(a); at least [5 / 7 / 10] years have elapsed since completion of sentence; Petitioner has no convictions other than traffic violations during the waiting period; Petitioner has no prior expunctions under the listed statutes; restitution is paid; affidavits of good character from two non-relatives are attached.
☐ § 15A-146 dismissed/not-guilty: The charge was [dismissed / nolle prossed / found not guilty] on [__/__/____]; the case [was / was not] fully dismissed (all charges); the dismissal was [voluntary / pursuant to plea agreement / other].
☐ § 15A-145.8A pre-Raise-the-Age youthful conviction: The offense was committed before December 1, 2019, while Petitioner was at least 16 but less than 18 years of age; the offense is not a Ch. 20 motor-vehicle offense and does not require sex-offender registration; sentence and any probation/post-release supervision have been completed; no restitution orders or outstanding civil judgments for restitution remain.
☐ § 15A-145 first-offender under 18 misdemeanor: Petitioner was under 18 at time of offense; at least 2 years have elapsed; Petitioner has not been convicted of any other felony or misdemeanor (other than traffic) since.
☐ § 15A-145.2 drug first-offender (conditional discharge): Petitioner was not over 21 at time of offense; was discharged under § 90-96(a) or (a1).
☐ § 15A-145.4 nonviolent felony under 18 at offense: Petitioner was under 18 at time of offense; at least 4 years have elapsed.
☐ § 15A-147 identity theft / mistaken identity: [Specify facts]
☐ § 15A-149 pardon of innocence: Pardon attached as Exhibit [____].

10. Petitioner has no criminal cases currently pending in any jurisdiction.
11. Petitioner has paid all fines and restitution. Outstanding court costs (if any) are not a bar.

IV. Grounds for Relief

12. Granting this Petition will further the General Assembly's rehabilitative purpose expressed in § 15A-145.5 and the Second Chance Act, and will remove unjustified barriers to Petitioner's employment, housing, education, professional licensing, and full restoration of citizenship.
13. Petitioner is of good moral character and has been a law-abiding citizen since the date of disposition, as demonstrated by:
    - Time elapsed: [____] years
    - Employment: [________________________________]
    - Education / training: [________________________________]
    - Community involvement: [________________________________]
    - Affidavits of good character (two, from non-relatives) attached as Exhibit [____] (REQUIRED for § 15A-145.5)
    - Other supporting documentation: [________________________________]

V. Service of Notice

14. The District Attorney for the [____]th Prosecutorial District has been served with this Petition. Pursuant to § 15A-145.5(c) and other applicable statutes, the DA has 30 days in which to file any objection.
15. Where the offense involved an identifiable victim, the DA shall make best efforts to notify the victim of the petition and of the victim's right to attend and be heard at any hearing.
16. The North Carolina Administrative Office of the Courts (NCAOC) will receive a copy of the petition for statutory-eligibility review before entry of the order (for felony petitions and § 15A-145.5 petitions).

VI. Requested Relief

WHEREFORE, Petitioner respectfully prays this Court enter an Order:

A. Finding that Petitioner meets the statutory criteria for expunction under N.C.G.S. § [________];
B. EXPUNGING the records of the case(s) identified herein from public court records, from the records of the arresting agency, and from the records of the North Carolina State Bureau of Investigation, pursuant to N.C.G.S. § 15A-150;
C. Directing the Clerk of Court, the SBI, the AOC, the FBI (where applicable), and all other custodians to expunge the records consistent with the order and § 15A-150;
D. Restoring Petitioner, in the contemplation of the law, to the status Petitioner occupied before the arrest or institution of criminal proceedings;
E. Waiving the $175 filing fee on a showing of indigency under § 15A-145.5(c)(7) (Affidavit of Indigency attached, if applicable); and
F. Granting such other and further relief as is just and equitable.

Signature and Verification

Respectfully submitted,

VERIFICATION. I, [PETITIONER NAME], being first duly sworn, depose and state that I have read the foregoing Petition for Expunction, that the facts stated therein are true to my own knowledge, except as to matters stated on information and belief, and as to such matters I believe them to be true.

___________________________________ (Petitioner signature)
Sworn to and subscribed before me this [____] day of [_______________], [____].

___________________________________
Notary Public, State of North Carolina
My commission expires: [__/__/____]

Part C — Filing Checklist

Pre-Filing

☐ Identify correct expunction statute (15A-145, .145.2, .145.4, .145.5, .145.6, .145.8, .145.8A, .146, .147, .149)
☐ Obtain SBI Right-to-Review criminal history
☐ Obtain certified copy of judgment, dismissal, or not-guilty disposition
☐ Confirm waiting period elapsed (count from completion of sentence including probation/post-release)
☐ Confirm offense is "nonviolent" under § 15A-145.5(a) (if invoking that statute)
☐ Confirm no Ch. 20 motor-vehicle / impaired-driving offense
☐ Confirm no sex-offender-registration offense
☐ Confirm no Class A-G felony (for § 15A-145.5)
☐ Confirm no prior expunction under listed statutes
☐ Confirm all restitution paid
☐ Confirm no pending charges; no disqualifying conviction during waiting period

Petition Preparation

☐ Use correct AOC-CR form (281 / 285 / 293 / 294 / 262 / 264 / 265)
☐ Attach 2 affidavits of good character from non-relatives (REQUIRED for § 15A-145.5)
☐ Attach certified disposition; SBI report
☐ Attach Affidavit of Indigency (if seeking fee waiver)
☐ Verify under § 1-148 / under oath / notarize

Filing

☐ File in court of conviction (or court where charge arose for dismissed cases)
☐ Pay $175 filing fee for petition statutes (no fee for § 15A-146; no fee for DA-filed; no fee if indigent)
☐ Serve DA at least 30 days before any hearing
☐ Notify victim where applicable

AOC / Statewide Review

☐ For felony petitions: AOC reviews petition for statewide statutory disqualifiers
☐ Allow 6-12 months for AOC processing

Hearing

☐ If hearing set, prepare to present:

• Affidavits of good character
• Evidence of rehabilitation
• Employment, education, treatment history
• Response to any DA or victim objection

Post-Order

☐ Serve certified order on Clerk, SBI, AOC, arresting agency, FBI (if applicable), DA
☐ Confirm SBI updates background-check database (allow 90-120 days)
☐ Re-run SBI Right-to-Review to confirm expunction
☐ Advise Petitioner of effect: may answer "No" except for § 15A-151.5 disclosure obligations (NC State Bar; law enforcement; judicial branch; healthcare licensing; certain educational employers)
☐ For automatic § 15A-146 dismissal expunctions post-12/1/2021: verify automatic expunction occurred; if not, file petition

Sources and References

• N.C. Gen. Stat. Chapter 15A, Article 5 (Expunction): https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_15A/Article_5.html
• N.C. Gen. Stat. § 15A-145.5 — Nonviolent conviction expunction: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_15A/GS_15A-145.5.pdf
• N.C. Gen. Stat. § 15A-146 — Dismissed / not-guilty expunction: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_15A/GS_15A-146.pdf
• N.C. Gen. Stat. § 15A-145.8A — Pre-Raise-the-Age youthful conviction expunction: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_15A/GS_15A-145.8A.pdf
• S.L. 2020-35 (SB 562) — Second Chance Act: https://www.ncleg.gov/Sessions/2019/Bills/Senate/PDF/S562v7.pdf
• NC Second Chance Alliance — SB 562 explainer and forms: https://ncsecondchance.org/thesecondchanceact/
• NCAOC Expunction Forms (AOC-CR-281, 285, 293, 294, etc.): https://www.nccourts.gov/documents/forms?f%5B0%5D=form_category%3A52
• N.C. Gen. Stat. § 15A-150 — Notification of expunction: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_15A/GS_15A-150.pdf
• N.C. Gen. Stat. § 15A-151 — Confidential AOC file: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_15A/GS_15A-151.pdf
• N.C. Gen. Stat. § 15A-151.5 — Disclosure exceptions (Bar, law enforcement, etc.): https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_15A/GS_15A-151.5.pdf
• UNC School of Government — Second Chance Act Summary Chart: https://www.sog.unc.edu/sites/www.sog.unc.edu/files/Second%20Chance%20Act%20summary%20chart.pdf