A criminal record can follow you long after a case is over. Unfortunately, even one conviction or charge can interfere with employment, housing, education, and professional opportunities. An expungement in North Carolina can remove certain charges and convictions from your record and give you a fresh start.

​

What is an Expungement

An expungement, alternately called an “expunction,” is a court order that removes criminal convictions and/or charges from your record. When an expungement is granted:

​

• The case is removed from background checks

• Employers, landlords, and third parties will no longer see the expunged matter

• You may lawfully state in many situations that you have not been convicted of the expunged offense

 

Certain government agencies and courts may still keep confidential records, but for most practical purposes the incident is treated as if it never happened.

​

Who May Qualify for an Expungement

North Carolina expungement laws have changed in recent years and now provide more opportunities than before. In general, you may qualify for an expungement if:

​

• You had a charge that was dismissed

• You were found not guilty

• You were convicted of a first-time non-violent offense more than five years ago

• Certain older misdemeanor convictions 

• Certain older felony convictions

• Certain non-violent felony convictions that occurred when you were under 18

 

Eligibility depends on several factors, including:

​

• The exact charge and offense classification

• Your age at the time of the offense

• How long it has been since the case was resolved

• Your overall criminal record

 

 

What Usually Cannot Be Expunged

Some charges are generally not eligible for expungement under current law, including:

​

• Most violent felony and misdemeanor convictions

• Most sex offenses or offenses requiring registration

• DWI convictions

• Certain higher-level felonies or recent convictions 

 

Even when expungement is not available for a particular conviction, you may still have other options available, such as petitioning for a Certificate of Relief.

​

What If You Are Not Eligible for Expungement

If you do not qualify for an expungement, other forms of relief may still be available. One option is a Certificate of Relief.

​

Certificate of Relief

A Certificate of Relief:

​

• Does not erase the conviction, but can reduce many of the collateral consequences of having a record

• Can help with job applications, occupational licensing, housing, and school admission

• Limits when employers, landlords, and others can rely on the conviction as the sole reason to deny an opportunity

• Provides some protection to employers who hire people with Certificates of Relief, which can make them more willing to give you a chance

 

There are also other post-conviction tools, such as motions for appropriate relief and limited rights restoration in certain circumstances. A full review of your record can identify which options apply in your situation.

​

How Long Does the Expungement Process Take

Expungements are not instant, and processing time may take up to several months. It is important to file correctly the first time in order to avoid additional delay.

​

Contact Us 

If you want to clear your record or find out whether you qualify for an expungement in North Carolina, Kruger Law Firm, PLLC can help. We can analyze your criminal history, explain your options, and guide you through each step of the expungement process.

​

​

​

​

​​​​​​​​​​​​