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Expungements
Expungement Lawyer for Dare and Currituck County
An expungement, called an expunction in North Carolina statutes, removes a charge or conviction from official court and criminal records. It is available only in specific situations set by statute, and the rules depend on how the case ended, what the offense was, and how much time has passed.
A dismissed charge or an old conviction can still show up on background checks for jobs, housing, school, and professional licenses. Clearing it can make a real difference.
Daniel Donahue is a Board Certified Specialist in State and Federal Criminal Law, certified by the North Carolina State Bar Board of Legal Specialization. He is the only board-certified criminal law specialist based in Dare County, and he handles expunctions and criminal cases in Dare and Currituck County courts.
Want to know if your North Carolina record can be cleared? Call or text Donahue Defense at 252-715-5785.
When Can a Record Be Expunged in North Carolina?
| Situation | Statute | When |
|---|---|---|
| Every charge in the case was dismissed, or ended in not guilty or not responsible, on or after December 1, 2021 | N.C.G.S. Section 15A-146 | Usually automatic, 180 to 210 days after the case ends. A felony dismissed under a plea agreement is not automatic. |
| Other dismissed charges or not guilty findings | N.C.G.S. Section 15A-146 | By petition after the dismissal |
| Drug charge dismissed after a conditional discharge | N.C.G.S. Section 15A-145.2 if you were 21 or younger; otherwise 15A-146 | By petition after the dismissal |
| First misdemeanor committed before age 18, or first conviction for possessing alcohol under 21 | N.C.G.S. Section 15A-145 | Two years after the conviction or after probation ends, whichever is later |
| One nonviolent misdemeanor conviction, at any age | N.C.G.S. Section 15A-145.5 | Three years after the conviction or after any sentence or probation ends, whichever is later |
| More than one nonviolent misdemeanor conviction | N.C.G.S. Section 15A-145.5 | Seven years after the last conviction or after any sentence or probation ends |
| One nonviolent felony conviction | N.C.G.S. Section 15A-145.5 | Ten years after the conviction or after any sentence or probation ends (15 years for certain breaking or entering convictions) |
| Two or three nonviolent felony convictions | N.C.G.S. Section 15A-145.5 | Twenty years after the most recent conviction or after any sentence or probation ends |
Each statute has its own requirements, such as no other convictions during the waiting period, character affidavits, and a background check. Filing fees apply to many petitions.
What Cannot Be Expunged Under the Nonviolent Offense Law
North Carolina’s law for expunging convictions at any age excludes:
- DWI and other offenses involving impaired driving
- Offenses that include assault as an element
- Class A1 misdemeanors and Class A through G felonies
- Offenses that require sex offender registration, and certain other sex and stalking offenses
- Certain drug felonies involving methamphetamine, heroin, or possession with intent to sell or deliver cocaine
- Felonies committed using a commercial motor vehicle
A dismissed charge can still be expunged even if a conviction for the same type of offense could not be.
What an Expunction Does
An expunction generally restores you, in the eyes of the law, to the status you had before the arrest. The records are removed from court and law enforcement files, though some agencies can still see them in limited situations. A North Carolina expunction covers North Carolina records only.
How the Process Works
- We review your full record to find which charges qualify and under which statute.
- We prepare the petition, affidavits, and any required forms.
- The petition is filed in the county where the case was handled, and the required background checks are run.
- A judge reviews the petition. For some misdemeanors, the court must grant it if every requirement is met.
- Once granted, the order goes to the agencies that hold the records.
How We Can Help
- Check whether your dismissed charges were already expunged automatically
- Identify which convictions qualify and when you can file
- Prepare and file the petition in Dare or Currituck County
- Advise out-of-state clients who have a North Carolina record
- Communicate in Spanish through our legal assistant, Kaitlyn Fernandez
Expungement FAQs
My charge was dismissed. Is it already off my record?
If every charge in the case was dismissed or ended in not guilty on or after December 1, 2021, it is usually expunged automatically after 180 to 210 days. Older dismissals, and some cases with mixed results, need a petition.
Can a DWI be expunged in North Carolina?
A DWI conviction cannot be expunged. A DWI charge that was dismissed or ended in a not guilty verdict can be.
How long does an expunction take?
It depends on the statute and the county. Petitions require background checks and a judge’s review, so the process often takes several months.
I live in another state. Can you expunge my North Carolina record?
Yes, if the record qualifies. The petition is filed in the North Carolina county where the case was handled.
Talk to Us About Clearing Your Record
Call or text 252-715-5785 to find out whether your Dare or Currituck County record can be expunged, and when. Se habla español.
Please do not include confidential or sensitive information in a contact form, text message, or voicemail.
This page is general information about North Carolina law, not legal advice for your situation.