What is an expunction?

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.

What is the difference between an “expunction” and “expungement”?

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

Who is eligible for an expunction?

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.

Statute (N.C.G.S.)	Records to Which Statute Applies
15A-145(a)	Misdemeanor convictions
15A-145.1	Gang offenses
15A-145.2(a)	Drug offenses dismissed after conditional discharge under G.S. 90-96(a) or (a1)
15A-145.2(b)	Drug offenses, dismissed or defendant acquitted
15A-145.2(c)	Drug or drug paraphernalia convictions
15A-145.3(a)	Toxic vapors offenses dismissed after conditional discharge under G.S. 90-113.14(a) or (a1)
15A-145.3(b)	Toxic vapors or drug paraphernalia offenses, dismissed or defendant acquitted
15A-145.3(c)	Toxic vapors convictions
15A-145.4	Nonviolent felony under age 18
15A-145.5	Nonviolent felony(ies)
15A-145.5	Nonviolent misdemeanor(s)
15A-145.6	Prostitution offenses
15A-146(a) or 15A-146(a1)	Criminal charge (or alcohol infraction before 12/1/1999),dismissed not pursuant to deferred prosecution or conditional discharge (effective 12/1/2014)
15A-146(a) or 15A-146(a1)	Criminal charge (or alcohol infraction before 12/1/1999),dismissed pursuant to deferred prosecution or conditional discharge (effective 12/1/2014)
15A-146(a2)	Criminal charge (or alcohol infraction before 12/1/1999), with finding of not guilty or not responsible
15A-147(a)	Identity Theft - not guilty dismissal or charge set aside by court
15A-147(a1)	Dismissal of charges resulting from identity theft or mistaken identification
15A-148	DNA records upon appellate reversal of conviction or upon pardon of innocence
15A-149	Conviction after pardon of innocence

What if I have more than one conviction?

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.

When can I file for an expunction?

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.

What if I am eligible for more than one type of expunction?

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.

Where can I find more resources about expunctions?

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

How can I file for an expunction?

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.

Where should I file for an expunction?

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

What is the process for filing for an expunction?

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.

Do I have to pay to file for an expunction?

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.

Will I have to testify in court?

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.

How long does the expunction process take?

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

What can I do if my expunction was denied?

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.

What if I am still seeing information about my charge or conviction after my expunction was granted?

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.

Will I receive a copy of my expunction order? Can I get a copy at a later date?

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.

Do I need an attorney to file for an expunction?

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.

Can I get a court-appointed attorney to help me with an expunction?

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

How can I find an attorney to help me with an expunction?

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.

How can I view records in criminal cases?

Information about criminal cases in the North Carolina court system can be accessed by visiting a public, self-service terminal located at a clerk of court’s office in any county. You can use the terminal to search for cases by defendant name, case number, or victim or witness name. Paper files for court cases may be accessed by visiting the clerk of court’s office in the county where the case is located. Copies may be made of court documents for a fee. Also, see the Remote Public Access Program to learn more about licensing for data access and extracts.

For eCourts counties: You may search Portal online for case information and court records by name, case number, attorney, and more. Individuals performing background checks should use the county clerk's office for doing so, not Portal.

For media inquiries, view more information for members of the media.

How can I remove cases from my criminal record?

Depending on your circumstances, you may be eligible for an expunction. See the Expunctions Help Topic for more information.

How can I view records of civil, special proceeding, or estates cases?

Information about civil, special proceeding, or estates cases in the North Carolina court system can be accessed on the public, self-service terminals in the clerk of court’s office in any county. View a user’s manual for the system in which the information is stored. The file for a court case can be viewed by visiting the clerk of court’s office in the county where the case is located. Staff can provide copies of documents in court files for a fee. Also, see the Remote Public Access Program to learn more about licensing for data access and extracts.

For eCourts counties: You may search online for case information and court records by name, case number, attorney, and more. Individuals performing background checks should use the county clerk's office for doing so, not Portal.

How can I get copies of divorce judgments?

You can get a copy of a divorce judgment from the clerk of court’s office in the county where the divorce was granted for a fee.

How can I get copies of birth, marriage, divorce, or death certificates?

The Register of Deeds in the county where the event took place may be able to provide a copy of a birth, marriage, or death certificate. You can also get copies of these certificates, as well as divorce certificates, through North Carolina Vital Records.

How can I get a marriage license?

Marriage licenses are available from the Register of Deeds. See the Marriage Help Topic for more information.

How can I get copies of police reports?

You can request a copy of a police report from a law enforcement agency that investigated or otherwise was involved in the case. However, the complete report may not be a public record and may not be available unless the rules of discovery in a criminal case require it to be provided.

How can I find real estate records or deeds?

Deeds and most other real estate records are kept by the Register of Deeds office in the county where the real estate is located. Many Register of Deeds offices have their own websites. You can find contact information for your Register of Deeds. The clerk of court’s office has records of court proceedings affecting real estate, such as records of foreclosures, evictions, partitions, and condemnations, as well as estates, divorces, judgments, and liens on real property.

How can I request a public record?

See the Request a Public Record page to learn more and how to submit a request depending on the type of record for the Judicial Branch. Options may include online, by mail, or in person. 

For media inquiries, view more information for members of the media.

What is an official court reporter?

An official court reporter is a certified professional who captures a verbatim record of court proceedings and may prepare transcripts from said record for a variety of purposes, such as an appeal. Official court reporters are hired by senior resident superior court judges or the court reporting manager at the North Carolina Administrative Office of the Courts.

What is a digital recording technician?

A digital recording technician is an individual who records a court proceeding and prepares the necessary files for transcription later, if necessary. Digital recording technicians are hired by senior resident superior court judges.

What is the difference between a court reporter, digital recording technician, and a transcriptionist?

A transcriptionist listens to an audio recording of a court proceeding to prepare a written transcript. A transcriptionist does not attend the court proceeding, but rather listens to an audio recording made by the clerk and/or a digital recording technician present in the courtroom.

On the other hand, an official court reporter attends the court proceeding and is trained to use special technology to make a verbatim record of the proceeding. A digital recording technician attends the court proceeding as well and is trained to use special recording equipment and technology to make a recording along with detailed notes of the proceeding.

What is an official transcript?

An official transcript is a typed verbatim version of court proceedings prepared by the official court reporter in attendance or is typed from an audio recording made by the clerk or digital recording technician by a transcriptionist on this list.

When is a transcript prepared?

A transcript is prepared at the request of a party and requires the payment of fees to the transcriptionist or court reporter to prepare the typed version. Typically, transcripts are prepared for appeals. If you are entitled to a court-appointed attorney on appeal, transcript fees will usually be advanced on your behalf for an appeal.

How are transcripts used on appeal?

The transcript gives the appellate court a word-for-word record of what happened in the trial court. Also, when making arguments on appeal, the parties cite to certain portions of the transcript to support their positions.

How do I order a transcript?

• If you have an attorney, talk with your attorney about this process. You may be entitled to a transcript without paying costs in advance if you are entitled to a court-appointed attorney on appeal.
• If you are not eligible for a court-appointed attorney on appeal and need a transcript for an appeal, you should consult with an attorney. The Rules of Appellate Procedure contain several requirements and deadlines associated with transcripts on appeal. These requirements differ by case type (e.g., juvenile, civil, criminal).
• If you want a transcript for purposes other than appeal, you should contact the court reporter who was present during your proceeding and arrange to pay his/her fee for preparing the transcript. Court reporters set their rates independently, so questions about rates should be referred to the individual court reporter. If there was no court reporter present during the proceeding, there may be an audio recording available from the clerk.

Select the List of AOC-Approved Transcriptionists to view the current list of transcriptionists. Do you want to be a transcriptionist? Find out what is required to become an AOC-Approved Transcriptionist.

Are all court proceedings recorded?

No. For example, criminal district court proceedings (other than pleas in H and/or I felonies) are not recorded unless ordered by a judge. Appeals from criminal district court go to superior court for a new trial (rather than a review of the record of what happened in district court), so a transcript is unnecessary for that purpose.

If the clerk or digital recording technician made an audio recording of the proceeding, how do I request a copy?

If a court hearing was recorded by the clerk or a digital recording technician, you may request a copy of the audio recording from the clerk’s office in the county where the case is filed. In a case type that is not confidential, you may make the request on Form AOC-G-114. You will be charged for the actual cost of a CD if the recording is available. Some court proceedings are confidential, like juvenile cases and involuntary hospitalization cases. In confidential cases, you must request permission from the court for a copy of the recording on Form AOC-G-115.

Certified Background Check (Single County) for Yourself or Others by Clerk of Superior Court OfficeRequest a certified criminal record search by name for yourself or others in a single county through the clerk of superior court office at the courthouse. Note: This search only checks the court records in that one county. It is not a statewide record search.

Fill out and print Form AOC-CR-314, and submit to the clerk’s office with the fee of $25 via

• Mail: Money order or certified check accepted (personal checks are not accepted)
• In person: Credit card, cash, money order, or certified check accepted
   

Self-Service Non-Certified Background Check for Yourself or Others at Any CourthouseSearch, view, or email criminal records for yourself or others in any county or statewide without charge using the public access computers available in the clerk’s office at any courthouse. Note: This search is not certified, and printing charges may apply.

For eCourts counties: You may search Portal online for case information and court records by name, case number, attorney, and more. Individuals performing background checks should use the county clerk's office for doing so, not Portal.
  

Other OptionsN.C. State Bureau of Investigation (SBI) Statewide Background Check for YourselfThe SBI provides a non-certified, statewide criminal record search for yourself with the submission of your fingerprint card, form, and fee. This is also known as your Right to Review your North Carolina record.
 
Third-Party Vendors Background Check for Yourself or OthersUnofficial record checks may be conducted through third-party companies that will sell information to you. Each company has its own set charges. The N.C. Administrative Office of the Courts (NCAOC) lists companies that obtain information from the NCAOC on an ongoing basis pursuant to a licensing agreement. The records that the NCAOC provides to the companies are accurate reflections of the data in the databases of the clerks of court, but the NCAOC cannot guarantee that the information the companies provide to their customers is current or accurate. View the list of companies.

Remote Public Access to N.C. Court DataOngoing access to criminal and civil court data in all N.C. counties is offered through the N.C. Administrative Office of the Courts’ (NCAOC) Remote Public Access program (RPA). RPA licensees may obtain real-time access or bulk data extracts.

• Conduct statewide criminal background checks and civil searches
• Convenient access to information from your office,  business, or agency
• Examples available include: criminal records (check pending cases, verify prior convictions), infractions, tax liens, evictions, or judgments
• Real-time access
  • Provides same real-time information as the public access computers at any courthouse
  • Ensures that data obtained accurately reflects that of the N.C. clerks' offices, thus reducing the likelihood of violations of the Fair Credit Reporting Act

Find more information, as well as costs and connectivity details, about obtaining Remote Public Access.

Other Options

N.C. State Bureau of Investigation (SBI) Statewide Background Check for EmployeesIf you or your business have specific statutory authority to obtain criminal history background checks for employees, find more information, forms, and process details from the SBI.

Third-Party Vendors Background Check for BusinessesUnofficial record checks may be conducted through third-party companies that will sell information to you. Each company has its own set charges. The N.C. Administrative Office of the Courts (NCAOC) lists companies that obtain information from the NCAOC on an ongoing basis pursuant to a licensing agreement. The records that the NCAOC provides to the companies are accurate reflections of the data in the databases of the clerks of court, but the NCAOC cannot guarantee that the information the companies provide to their customers is current or accurate. View the list of companies.