North Carolina Judicial Branch

An expunction is a legal process to remove a criminal conviction or a criminal charge from a person’s record and to seal or destroy the state’s records of the arrest, charge, and/or conviction. A person who has had an expunction granted generally cannot be found guilty of perjury if he or she denies that the arrest, charge, or conviction ever happened. However, an expunction might not provide relief from all consequences of the charge or conviction; for example, an expunction might not prevent the expunged case from being used for federal immigration decisions. You can view the statute (law) that describes the effects of expunctions here and the statutes under which expunged information can be accessed here and here.

North Carolina also allows the expunction of certain records of juvenile delinquency, but that process is different from expunction of adult criminal charges and convictions. You can read more about juvenile expunction in the Juvenile Delinquency Help Topic.

“Expunction” and “expungement” mean the same thing. North Carolina’s expunction statutes use both terms interchangeably.

There are numerous expunction statutes in North Carolina. Some allow the expunction of only specific types of offenses, like drug possession. Other statutes allow expunction of a broader range of offenses but for a smaller group of people, like persons who were under 18 or 21 at the time of the offense. Still others depend on how the charge ended; for example, there are statutes that address expunction of convictions and statutes that address expunction of charges that were dismissed or for which the defendant was found not guilty. The table below lists the statutes that govern expunction, their titles (which describe briefly the kinds of cases eligible for expunction under that statute) and provides links to the Administrative Office of the Courts’ petition forms and instruction sheets for each type of expunction. The full text of these statutes is available here.

Some expunction statutes allow for the expunction of multiple charges or convictions, but others do not. And sometimes, one charge in a case might be eligible for expunction, while a different charge in the same case is not. An attorney can advise you about your eligibility for expunction of multiple charges or convictions.

Some of the expunction statutes allow you to petition the court for expunction almost immediately after the case is over, for example, when the charges all are dismissed. Others require waiting periods, like a number of years or upon the completion of any sentence (including the final expiration of a period of probation or post-release supervision/parole). Each statute listed in the table above describes the waiting period or conditions that must be met before petitioning for expunction under that statute. If you have questions about the waiting period or your eligibility under a particular statute, you should consult an attorney for advice.

For some charges and convictions, it is possible that more than one expunction statute might apply. However, there are different advantages and disadvantages to petitioning under one statute versus another. For example, if you are granted an expunction under certain statutes, that expunction will bar you from receiving a future expunction under other statutes. Other expunction statutes don’t impose that bar and therefore might be a better choice for filing your petition. If you think that you may be eligible for expunction under more than one statute, you should contact an attorney for advice and assistance.

You can find additional information, including information about eligibility requirements, from the University of North Carolina School of Government.

You can find the necessary forms online. Links to the petition forms for each type of expunction (and generally an instruction sheet for each petition) are provided in the table above. Some expunctions require additional documents, such as affidavits of good character from people who know you; when required for a particular expunction, those additional documents are covered in the instruction sheets.

A petition for expunction should be filed with the clerk of court in the county where you were charged or convicted.

The exact process is slightly different for each expunction statute. The general process is covered on the instruction sheet for each petition. Note that there might be some local differences in procedure from one county to the next, so the clerk of superior court can tell you if there are any local practices for steps like obtaining a judge’s signature for requesting criminal record checks (required for several types of expunction) or scheduling a hearing.

There is generally a $175 filing fee to petition for expunction. A few expunction statutes do not require a fee, like expunction of charges that were dismissed or ended in a “not guilty” verdict, unless the dismissal was based on the completion of a diversion program or deferred prosecution agreement. If you cannot afford to pay the fee, you can ask to file without paying the fee by using this form.

For some expunctions, the judge will hold a hearing to determine whether you have “good character.” For other types of expunctions, such as expunctions of dismissed charges, the judge might decide without a hearing, based on a review of your record. The clerk of court can tell you any local procedures for scheduling a hearing.

Expunctions may take several months, depending on the time required for criminal record checks and to schedule a hearing.

In some cases, you may be able to appeal the court’s decision. You should contact an attorney as soon as possible, if you are considering an appeal, because there might be a short deadline in which to do so.

If information regarding your charge or conviction is still available through North Carolina court system sources a few weeks after your expunction is granted, you can contact the clerk of court’s office for the county where the expunction was granted. If information is available through private sources, such as websites that compile criminal record information, you will have to contact those sources directly with information about your expunction. An expunction does not automatically remove information about the charge or conviction from all private sources.

When a judge signs an expunction order, the clerk of court will provide you with a copy of the order. You cannot get a copy of an order granting an expunction later because the clerk of court and other government entities receiving notice of the expunction destroy all files related to the criminal process, including the expunction order itself. If your expunction petition was filed on or after December 1, 2017, you can request a certificate verifying a prior expunction. You can make the request of the North Carolina Administrative Office of the Courts by mail using this form, but you will need to swear to the application on that form before a notary or court official authorized to administer oaths before sending it to the AOC. You may also use eCourts Guide & File for the application.

You can file for an expunction on your own, but an attorney can help you by assessing your eligibility, making sure you include all necessary documents, guiding you through the process, and representing you in a hearing, if needed. Court officials, such as judges and clerks of court, cannot provide you with legal advice about your eligibility. If you represent yourself in court, you will be expected to follow the same rules of procedure and evidence as a licensed attorney.

No, court-appointed attorneys are not available to help with expunctions.

Legal Aid of North Carolina is a statewide nonprofit organization that assists some people with expunction cases. You can apply for Legal Aid representation by calling 1-866-219-5262 or by applying online. See the Finding an Attorney Help Topic for additional organizations that assist with expunctions and information about hiring a private attorney.

A “reasonable accommodation” means that court personnel will try to work with you to provide access to court facilities, processes, or events. This may be a change or modification in policies, procedures, or practices that are necessary to provide equal access to the courthouse or court processes for a person with a disability. Depending on the circumstances, the reasonable accommodation you receive may not be your first choice of accommodation.

Every county courthouse has a local Disability Access Coordinator who is responsible for coordinating accommodations. You or your attorney may contact your county's DAC at [email protected]. For example, if your court event is in Wake County, contact [email protected]. Another way to contact your local DAC is by completing the online Disability Access Request Form. The online form will send an email with your request details to your county’s DAC and a confirmation of your request to your email.

Please make your request for a disability access accommodation to the court as soon as possible so that arrangements can be made, preferably at least two weeks before your court date because some accommodations take time to schedule.

You or your attorney can request a reasonable accommodation for your participation in a court event by contacting your county’s DAC in person, over the phone, by letter, email, or by completing the online Disability Access Request Form. The online form will send an email with your request details to your county DAC and a confirmation of your request to your email.

You will need to tell court personnel that you have a disability and describe your individual needs as a result. If your disability is not obvious, you may need to provide a note from your healthcare provider explaining your needs. The statewide protocol recommends that you provide the disability access coordinator with the following information:

1. County in which assistance is needed
2. Name and contact information for the individual needing assistance
3. Whether the individual needing assistance is the plaintiff, defendant, juror, witness, or court observer
4. Case file number
5. Date and time of hearing or other judicial activity
6. If applicable, the name, phone number, and email of the attorney representing the individual
7. Explanation of the nature of the disability
8. Exact type of reasonable accommodation(s) needed

No. You should explain to court personnel that you have a disability and any specific needs that you have.  If you need a note from your healthcare provider, the note does not have to say what your disability is, but it does have to explain how it affects you. For example, if you have diabetes, your note can say that you have a disability that requires you to eat regularly on a strict schedule. It is up to you whether you ask your healthcare provider to name your disability or not.

Disability Rights North Carolina provides legal assistance to people with disabilities in some situations. You can view resources for common issues faced by people with disabilities here. You can view additional resources for many areas of law commonly faced by people unable to hire an attorney here. See the Finding an Attorney Help Topic for information about finding a private or nonprofit attorney to assist you with your case.

Use the online Disability Access Request Form or contact your local Disability Access Coordinator directly to request an American Sign Language (ASL) interpreter, Certified Deaf Interpreter (CDI), Communication Access Realtime Translation (CART) services, cued speech transliterator or other reasonable accommodations that would best meet your needs.

The first major difference is that ASL interpreters are typically hearing individuals whereas CDIs are born deaf or hard of hearing. ASL interpreters must go through extensive training to become professional interpreters for the Deaf community. CDIs, on the other hand, are already part of the Deaf community and have a strong sense of Deaf culture as a result of their upbringing. They are certified to provide interpreting services to Deaf consumers who may have linguistic impairments that prevent them from fully utilizing a traditional ASL interpreter. Second, for most ASL interpreters, ASL is their second language whereas it is the native language of CDIs. Because CDIs are native sign language communicators and part of the Deaf community, they can communicate more easily and clearly with Deaf individuals. CDIs specialize in the use of interpreting, gestures, miming, incorporating props, drawings and other tools to provide detailed deaf communication. As ASL interpreters are focused on interpreting spoken language into sign language, their signing may not always be as accurate. As a result, ASL interpreters and CDIs often work in tandem to produce more accurate interpretation. The ASL interpreter will interpret the spoken language into ASL for the CDI, who then interprets it for the Deaf individual. In turn, the Deaf individual will sign to the CDI, who interprets into ASL for the ASL interpreter, who then interprets into the spoken language.

You are guaranteed the right of access to court proceedings. However, some older courthouses were built before the passage of the Americans with Disabilities Act in 1990, and may not be 100% accessible. For this reason, you should discuss your disability-related needs with your attorney or court personnel as early as you can. With appropriate notice, court personnel can ensure that court is held in a location that is accessible to you.

Yes. You will generally need to go through a metal detector on entering the courthouse and may need to explain any devices that could cause an alarm.

Yes. You can bring medications to court and take them during a recess, or step outside the courtroom to take them while other cases are being handled as long as you are available when your case is called. If you may need to take medications while your case is being handled, you should tell your attorney in advance. If you do not have an attorney, let the judge know when your case begins. When it comes time to take your medication, tell your attorney or respectfully let the judge know that you need to take a break.

You can bring medications including controlled substances to court if necessary. It may be helpful to ensure that you bring the prescription bottle with a label showing that the medication has been prescribed to you in case of any confusion. If your medication may affect your ability to testify, you should explain this to your lawyer in advance, or to the judge when you are called to testify. If your medication may affect your behavior while in court, you should discuss this with the Disability Access Coordinator in advance, or let the bailiff know in the courtroom.

Service animals are permitted to go wherever their handler goes, including courtrooms and other areas of the courthouse. Court personnel may ask you two questions to determine if your service animal meets the legal requirements for access: 1) Are you a person with a disability? and 2) What work or tasks does the animal perform for you? Court personnel can also ask you if the service animal is registered with the North Carolina service animal registry. If you have not registered your animal, this does not affect your ability to bring the animal to court. If your service animal interrupts court proceedings, the judge can order that the service animal be removed from the courtroom.

An emotional support animal (sometimes called therapy animals or assistance animals) are animals that help with the symptoms of a disability, but have not been individually trained as a service animal. These animals may be able to come to court on a case-by-case basis. You or your attorney should contact the courts about this accommodation in advance. Be prepared to explain how your emotional support animal would help you remain calm or otherwise assist you during court proceedings. Court personnel may need to meet the animal to observe its behavior and determine if it will interrupt court proceedings before agreeing to this accommodation.

The courts do not provide written transcripts. If your hearing was in civil district or superior court or in criminal superior court, there will be an audio recording of the hearing. You can request the recording for a fee. Private court reporters can make an official transcript of the recording.  A list of approved Court Reporters may be found here.

Once a judge has made a decision, it can be overturned only by filing a motion to set aside the decision or through an appeal. An attorney can advise you about the best way to challenge a particular decision. You also have the right to file a complaint with the Judicial Standards Commission if you believe a judge has behaved unethically. Local Disability Access Coordinators, other court personnel, and the Administrative Office of the Courts staff cannot change a judge’s decision once it is made.

You should contact your local Disability Access Coordinator in your county. If not, you can explain your needs to court personnel.

You or your attorney should respectfully explain your needs to the judge and contact your local Disability Access Coordinator if necessary.

If you requested an accommodation from staff at your courthouse and your request was denied, you can follow the NCAOC’s Grievance Procedure and contact the Court Programs Division at (919) 890-1212 or [email protected].  Please be aware that if you contact the NCAOC without first discussing your request with staff at your local courthouse, you will be directed to contact your local Disability Access Coordinator or other local court personnel first.