Expunctions & Certificates of Relief

Expunctions

 

NOTE: This information is only intended as a loose guide to assist you in determining whether these laws apply to you. It is not intended to be a final evaluation of suitability in your situation.

 

Misdemeanor Convictions for Offenses Committed before Age 18 or 21

General Rules

 

  • Misdemeanor other than traffic violations committed before age 18 of misdemeanor
  • No prior misdemeanor or felony convictions other than traffic violations
  • 2 years have elapsed since completion of sentence or conviction whichever is later
  • Good behavior affidavits
  • No outstanding restitution orders of judgments 

Dismissals or Verdicts of Not Guilty

General Rules

  • Dismissal or finding of not guilty
  • Misdemeanors or felonies of infraction under 18B-302(i) charged before  Dec 1 1999
  • No prior expunctions
  • No prior convictions (other than related to the expunction)
  • Multiple offenses that occurred during the 12 month period OR that were disposed of at the same term of court

 

DNA Records -General Rules

 

  • Charge was dismissed or Defendant was acquitted
  • Defendant was convicted of a lesser included misdemeanor not requiring a DNA sample
  • No charge was filed within the statue of limitations
  • No conviction has occurred and at 3 years have passed since the date of arrest and no active prosecution is pending.  

 Felony Convictions For Offenses Committed Before Age 18

General Rules

 

  • Class H and I felonies and Class 1,2, or 3 misdemeanor convictions only
  • No prior convictions for assaultive or violent crimes, sex crimes, crimes involving ethnic intimidation, crimes involving the use of a commercial vehicle, certain drug crimes, food contamination crimes. 
  • 4 years must have elapsed after completing the sentence.
  • 100 hours of community service
  • Affidavits attesting to good moral character.
  • No outstanding warrants or pending criminal case
  • No outstanding restitution orders or judgments
  • High school diplomas or equivalent completed

 Misdemeanor Larceny Convictions

General Rules

  • Misdemeanor larceny conviction
  • 15 years have elapsed since conviction or completion of sentence whichever is later
  • No other misdemeanor  (traffic violations are OK) or felony convictions
  • No outstanding restitution orders or judgment.

 

Discharge and Dismissal or Conviction of Gang Offenses

General Rules

 

  • Class H felony or an enhanced offense under G.S. 14-50.22
  • Offense occurred before age 18
  • No prior felony conviction or misdemeanor convictions (traffic convictions are OK)
  • Completed the probation period
  • No prior discharge and dismissals
  • Good behavior affidavits
  • No outstanding restitution orders or judgments

 

Discharge and Dismissal or Cyber bullying Offenses

General Rules

 

  • Successfully completed the discharge and dismissal
  • Offense occurred before age 18

Felony Convictions Regardless Of Your Age At The Time of offense

 

  • Class H or I felony or Class 1,2, or 3 misdemeanor
  • No convictions for assaultive or violent crimes, sex crimes, crimes involving ethnic intimidation, crimes involving the use of a commercial vehicle, certain drug  crimes are excluded, food contamination crimes. 
  • 15 years have elapsed since completion of sentence.
  • Affidavits attesting to good moral character
  • No prior expunctions
  • No other conviction other than traffic violations
  • There are more exclusions and restrictions too numerous to name here

 

Discharge and Dismissal of Controlled Substance and Drug Paraphernalia Offenses

General Rules

 

  • Successfully completed a discharged and dismissal
  • No prior felony convictions
  • No prior drug convictions
  • No prior discharge and dismissals
  • Completed a drug education program
  • Offense occurred before age 21
  • Affidavits attesting to good behavior

 Discharge and Dismissal of Toxic Vapor Offense

General Rules

 

  • Successfully completed the dismissal and discharge
  • No prior drug related convictions
  • Offense occurred before age 21
  • No prior misdemeanor or felony convictions
  • No prior discharge and dismissals
  • Affidavits attesting to good behavior

 

Juvenile Delinquency Matters

General Rules

 

  • Adjudication of delinquency of an offense other than a Class A through E felony if committed by an adult
  • Petitioner must be an least 18 years old
  • At least 18 months have elapsed since petitioner were released from juvenile court jurisdiction
  • No subsequent delinquency of convictions of felonies or misdemeanors other than traffic violations

 

Expunction of Juvenile Petition

 

  • The Petition alleging delinquency or undisciplined has been dismissed
  • Petitioner has reached age 16

 

Certificates of Relief (COR)

 

What is it? A COR relieves a person of mandatory collateral consequences of a conviction. For example, there are laws which may prohibit you from holding a certain job or obtaining a specific professional or occupational permit or license. The list is long. A COR is not an expunction or pardon but it may help you get that permit or professional license.  

 Eligibility

  • Up to 2 Class G, H, or I felonies or misdemeanor convictions from one session of court
  • No prior misdemeanor or felony convictions (other than traffic violations)
  • 12 months since completion of sentence
  • Compliance of all requirements of sentence
  • No pending criminal charges
  • Lawful occupation or activity
  • Granting of a petition does not pose an unreasonable risk
  • 12 months have elapsed since denial of any prior petition

The petition must be ruled on by the Senior Resident Superior Court judge (if the conviction was in Superior Court) or the Chief District Court Judge (if the conviction was in District Court).