PETITION AND AFFIDAVIT FOR EXPUNCTION OF CRIMINAL RECORD

(North Carolina General Court of Justice)

TABLE OF CONTENTS

1. Document Header (Caption)
2. Definitions (Selective)
3. Operative Provisions – Petition for Expunction
4. Representations & Warranties (Petitioner’s Statements)
5. Prayer for Relief
6. Verification
7. Affidavits of Good Character (if required by statute)
8. Certificate of Service
9. Proposed Order Granting Expunction

[// GUIDANCE: Delete any section labeled “Reserved” that proves unnecessary for the facts/statute under which you are filing. Adapt phrasing to match the AOC form number, if one exists for the statute selected, to avoid clerk rejection.]

1. DOCUMENT HEADER (CAPTION)

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
[COUNTY] COUNTY ☐ DISTRICT ☐ SUPERIOR COURT DIVISION
File No.: [CASE_NUMBER]

IN THE MATTER OF: PETITION AND AFFIDAVIT
FOR EXPUNCTION OF
[PETITIONER_FULL_NAME], CRIMINAL RECORD
Petitioner. (N.C. GEN. STAT. § [STATUTE_REFERENCE])
Effective Date of Petition: [MM/DD/YYYY]

2. DEFINITIONS (Selective – include only those referenced elsewhere)

“Applicable Statute” means the North Carolina expunction statute under which relief is sought, identified herein as N.C. Gen. Stat. § [STATUTE_REFERENCE].

“Certificate of Eligibility” means the SBI-issued certificate confirming statutory eligibility for expunction where required.

“Subject Offense” means the criminal charge(s) or conviction(s) described in ¶ 3.02 below.

3. OPERATIVE PROVISIONS – PETITION FOR EXPUNCTION

3.01 Jurisdiction and Venue

a. This Court has jurisdiction pursuant to the Applicable Statute and venue is proper in [COUNTY] County, where the Subject Offense was filed/disposed.

3.02 Identification of Subject Offense

a. Offense/Charge: [OFFENSE_DESCRIPTION].
b. File/Case Number: [CASE_NUMBER].
c. Date of Arrest/Offense: [ARREST_DATE].
d. Disposition Date & Result: [DISPOSITION_DATE & RESULT (e.g., “Conviction—Class H Felony,” “Dismissed,” “Not Guilty”)].

3.03 Statutory Basis for Relief

Petitioner seeks expunction under:
☐ N.C. Gen. Stat. § 15A-145 (certain misdemeanors committed under age 18)
☐ N.C. Gen. Stat. § 15A-145.2 (first/offense controlled substance possession)
☐ N.C. Gen. Stat. § 15A-145.5 (non-violent misdemeanor/felony, ≥5/10-year waiting period)
☐ N.C. Gen. Stat. § 15A-146 (charges dismissed/acquitted)
☐ Other: [SPECIFY]

3.04 Satisfaction of Waiting Period

Petitioner affirms that the statutory waiting period—measured from the later of the conviction date or completion of any active sentence, probation, or post-release supervision—has fully elapsed.

3.05 Absence of Disqualifying Offenses

Petitioner further affirms that since the disposition of the Subject Offense, he/she has:
a. ☐ Not been convicted of any new felony or misdemeanor other than minor traffic violations; and
b. ☐ No earlier expunction denied or set aside under the Applicable Statute.

3.06 Payment of Fees & Restitution

All court costs, fines, restitution, and civil judgments arising from the Subject Offense have been paid in full.

3.07 Certificate of Eligibility (check one)

☐ Attached hereto as Exhibit A.
☐ Not required under Applicable Statute.

3.08 Service on District Attorney

Concurrent with filing, Petitioner has served a copy of this Petition and all exhibits on the Office of the District Attorney for [PROSECUTORIAL_DISTRICT] as certified below.

4. REPRESENTATIONS & WARRANTIES (Petitioner’s Statements)

Petitioner represents, warrants, and affirms under penalty of perjury that:
a. All factual statements herein are true and complete to the best of Petitioner’s knowledge.
b. No material fact has been withheld that would affect eligibility under the Applicable Statute.
c. Petitioner understands that any false statement may subject Petitioner to criminal penalties for perjury.

5. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

1. Enter an Order expunging and sealing all official records of arrest, charge, conviction, and related court proceedings concerning the Subject Offense;
2. Direct the [CLERK OF SUPERIOR COURT]/[CLERK OF DISTRICT COURT] and all applicable agencies (including but not limited to the North Carolina Administrative Office of the Courts, the State Bureau of Investigation, and local law-enforcement agencies) to permanently remove the Subject Offense from public databases and limit future dissemination in accordance with N.C. Gen. Stat. § 15A-150;
3. Award such other and further relief as the Court deems just and proper.

6. VERIFICATION

I, [PETITIONER_FULL_NAME], being first duly sworn, depose and say that I am the Petitioner in the foregoing action, that I have read the foregoing Petition and know the contents thereof, and that the same is true to my own knowledge except as to those matters and things stated upon information and belief, and as to those I believe them to be true.

_____ _____
[PETITIONER_FULL_NAME] Date

State of North Carolina
County of [COUNTY]

Sworn to and subscribed before me this _ day of _, 20____.

_____ (Seal)
Notary Public
My Commission Expires: _____

7. AFFIDAVITS OF GOOD CHARACTER (Include if required by statute)

[// GUIDANCE: §§ 15A-145, 15A-145.2, and 15A-145.5 require two affidavits from persons unrelated to Petitioner attesting to good character. Attach as Exhibits B & C.]

8. CERTIFICATE OF SERVICE

I hereby certify that on the _ day of _, 20_, a true and correct copy of the foregoing Petition and all supporting documents were served upon the Office of the District Attorney for Prosecutorial District [DISTRICTNUMBER] by:
☐ hand delivery ☐ certified U.S. mail, return receipt requested ☐ other: _.

[PETITIONER_OR_COUNSEL_NAME]
[N.C. State Bar No. ______] (if attorney)

9. PROPOSED ORDER GRANTING EXPUNCTION

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
[COUNTY] COUNTY ☐ DISTRICT ☐ SUPERIOR COURT DIVISION
File No.: [CASE_NUMBER]

IN THE MATTER OF: ORDER GRANTING EXPUNCTION
[PETITIONER_FULL_NAME], OF CRIMINAL RECORD
Petitioner. (N.C. GEN. STAT. § [STATUTE_REFERENCE])

THIS MATTER, coming on to be heard before the undersigned Judge presiding, and it appearing to the Court that Petitioner has satisfied all requirements of N.C. Gen. Stat. § [STATUTE_REFERENCE] and is entitled to the relief sought, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

1. The Petition is GRANTED. All official records pertaining to the arrest, charge, trial, conviction, and any other proceeding related to the Subject Offense are hereby EXPUNGED and SEALED.
2. The Clerk of Superior Court of [COUNTY] County, the North Carolina Administrative Office of the Courts, the State Bureau of Investigation, and all law-enforcement or correctional agencies maintaining such records shall purge or withdraw from public access all entries relating to the Subject Offense, and shall not thereafter disclose said entries except as permitted by law.
3. The petitioner shall be restored, in the contemplation of the law, to the status he/she occupied before the arrest or indictment of the Subject Offense.
4. Costs of this action, if any, are taxed to the Petitioner only to the extent required by statute; otherwise, costs are waived.

SO ORDERED.

This the _ day of _, 20____.

Judge Presiding

[// GUIDANCE:
1. Cross-check statute-specific filing fees, service requirements, and mandatory AOC form numbers.
2. For multiple offenses, use separate numbered paragraphs or multiple Petitions to avoid clerk rejection.
3. If petitioner is indigent, attach AOC-CR-414 (Petition to Proceed as an Indigent).
4. Electronic filing is not universally accepted in all NC counties—confirm local rules.]

© [YEAR] [LAW FIRM NAME OR AUTHOR]. Template provided for attorney use only; further customization and factual due diligence are mandatory before filing.