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Can You Expunge a DWI in North Carolina? (2025 Guide)

Find out if your DWI conviction can be expunged in North Carolina. Learn about eligibility requirements, waiting periods, and the expungement process under G.S. § 15A-145.5.

7 min read
North CarolinaDWIDUICriminal LawExpungementRecord ClearingG.S. 15A-145.5

DWI convictions can be expunged in North Carolina under specific circumstances. Understanding the eligibility requirements, waiting periods, and process is crucial for anyone seeking to clear their record.

Yes, DWI convictions can be expunged in North Carolina under G.S. § 15A-145.5, but only after meeting strict eligibility requirements and waiting periods. The expungement process is complex and requires careful attention to detail.

This comprehensive guide explains DWI expungement eligibility, requirements, procedures, and what to expect during the process.

Table of Contents

  1. DWI Expungement Eligibility
  2. Waiting Periods and Requirements
  3. Expungement Process
  4. Required Documentation
  5. Costs and Fees
  6. What Happens After Expungement
  7. Common Mistakes to Avoid
  8. Frequently Asked Questions

DWI Expungement Eligibility

Basic Eligibility Requirements

To be eligible for DWI expungement in North Carolina, you must meet all of the following criteria:

1. Time Requirements

  • 3 years must have passed since sentence completion
  • No pending charges or active cases
  • No new convictions since the DWI

2. Completion Requirements

  • All fines paid in full
  • All court costs paid in full
  • All restitution paid (if applicable)
  • Probation completed successfully (if applicable)

3. Clean Record Requirements

  • No subsequent convictions of any kind
  • No pending charges in any jurisdiction
  • No active probation or parole

4. DWI-Specific Requirements

  • Only one DWI conviction (multiple DWIs disqualify you)
  • Not a habitual DWI (3+ DWIs within 10 years)
  • Not involving serious injury or death

For more information about first-time DWI offenses and sentencing levels, see our guides on First-Time DWI in North Carolina and DWI Levels Explained.

Automatic Disqualifications

You cannot expunge a DWI if:

  • Multiple DWI convictions (2 or more
  • Habitual DWI (3+ DWIs within 10 years)
  • DWI involving serious injury or death
  • Pending charges of any kind
  • Subsequent convictions since the DWI
  • Unpaid fines, costs, or restitution

Waiting Periods and Requirements

Standard Waiting Period

3 years from the date of sentence completion, which includes:

  • Jail time served (if any)
  • Probation completed (if any)
  • All fines and costs paid
  • All court requirements fulfilled

Calculating Your Eligibility Date

Example Timeline:

DWI Conviction: January 1, 2022
Jail Time: 30 days (completed February 1, 2022)
Probation: 12 months (completed February 1, 2023)
Fines Paid: March 1, 2023
Eligible for Expungement: March 1, 2026

Special Circumstances

  • Deferred prosecution: Waiting period starts from dismissal date
  • PJC (Prayer for Judgment Continued): May not be eligible for expungement
  • Reduced charges: Follows the final conviction date

Expungement Process

Step 1: Verify Eligibility

Before filing, confirm you meet all requirements:

  • Check your criminal record for accuracy
  • Verify all fines and costs are paid
  • Confirm no pending charges
  • Calculate exact waiting period

Step 2: Gather Required Documentation

Essential Documents:

  • Certified copy of DWI conviction
  • Proof of sentence completion
  • Receipts for all payments (fines, costs, restitution)
  • Criminal background check (recent)
  • Driving record (if applicable)

Step 3: File Expungement Petition

Where to File:

  • Superior Court in the county where convicted
  • Same court that handled your DWI case

Required Forms:

  • Petition for Expungement (AOC-CR-279)
  • Affidavit of Eligibility (AOC-CR-280)
  • Criminal background check (within 30 days)

Step 4: Court Review and Hearing

Timeline:

  • Filing to hearing: 2-4 months
  • Court review: 30-60 days
  • Hearing notice: 2-4 weeks before hearing

Hearing Process:

  • Judge reviews your petition
  • District Attorney may object
  • You may testify about rehabilitation
  • Judge decides on expungement

Step 5: Order and Implementation

If Approved:

  • Expungement order issued by court
  • Records sealed within 30-60 days
  • Notification sent to all agencies
  • Background checks will not show the DWI

Required Documentation

Essential Documents

1. Court Records

  • Certified copy of conviction
  • Sentencing order or judgment
  • Proof of completion of all requirements

2. Financial Records

  • Receipts for all fines paid
  • Receipts for all court costs
  • Receipts for restitution (if applicable)
  • Bank statements showing payments

3. Background Checks

  • Criminal background check (within 30 days)
  • Driving record (if applicable)
  • FBI background check (if required)

4. Supporting Documents

  • Employment records (showing rehabilitation)
  • Community service completion certificates
  • Alcohol treatment completion (if applicable)
  • Character references (optional but helpful)

Document Preparation Tips

  • Get certified copies of all court documents
  • Keep all receipts for payments
  • Order background checks close to filing date
  • Make multiple copies of everything
  • Organize chronologically for easy review

Costs and Fees

Filing Fees

Standard Costs:

  • Filing fee: $175 (non-refundable)
  • Background check: $15-25
  • Certified copies: $5-10 each
  • Service fees: $10-20

Total Estimated Cost: $200-250

Additional Costs

Optional but Recommended:

  • Attorney fees: $500-2,000 (if hiring representation)
  • Private investigator: $100-300 (for background check)
  • Notary fees: $5-10 per document

Cost-Saving Tips

  • File pro se (without attorney) if case is straightforward
  • Get free background checks from some agencies
  • Request fee waivers if you qualify for indigent status
  • Shop around for certified copy fees

What Happens After Expungement

Immediate Effects

Within 30-60 days:

  • Court records are sealed
  • Criminal databases are updated
  • Background checks will not show the DWI
  • Employment applications can be answered honestly

Long-Term Benefits

Employment

  • Job applications can state "no criminal convictions"
  • Background checks will not reveal the DWI
  • Professional licensing applications are cleaner
  • Security clearances may be easier to obtain

Personal Life

  • Housing applications are not affected
  • Loan applications may be easier
  • Volunteer opportunities are more accessible
  • Peace of mind from cleared record

Important Limitations

Expungement does NOT:

  • Restore gun rights (if lost due to DWI)
  • Remove DMV records (driving record remains)
  • Affect insurance rates (already established)
  • Guarantee employment (other factors matter)

Note: For general information about misdemeanor expungement processes, see our How to Get a Misdemeanor Expunged in North Carolina guide, though DWI expungement follows the same statute with specific requirements as outlined above.

Common Mistakes to Avoid

1. Filing Too Early

Mistake: Filing before 3-year waiting period Solution: Double-check your sentence completion date

2. Incomplete Documentation

Mistake: Missing receipts or court documents Solution: Gather all documents before filing

3. Unpaid Fines or Costs

Mistake: Filing while still owing money Solution: Verify all financial obligations are complete

4. Pending Charges

Mistake: Filing while other charges are pending Solution: Wait until all cases are resolved

5. Multiple DWIs

Mistake: Trying to expunge multiple DWI convictions Solution: Only one DWI can be expunged per lifetime

Frequently Asked Questions

Can I expunge multiple DWI convictions?

No, only one DWI conviction can be expunged per lifetime under G.S. § 15A-145.5.

How long does the expungement process take?

Typically 3-6 months from filing to completion, depending on court caseload and any objections.

Do I need a lawyer to expunge a DWI?

Not required, but highly recommended due to the complexity of the process and potential for mistakes.

Will expungement remove the DWI from my driving record?

No, DMV records are separate from criminal records. The DWI will remain on your driving record.

Can I expunge a DWI if I have other convictions?

It depends on the timing and nature of other convictions. Recent convictions may disqualify you.

What if my expungement is denied?

You can appeal the decision or reapply after addressing any issues that caused the denial.

Does expungement restore my gun rights?

Not automatically. Gun rights restoration is a separate process with different requirements.

Can I expunge a DWI from another state?

No, North Carolina expungement only applies to convictions in North Carolina courts.

How much does it cost to expunge a DWI?

$200-250 in filing fees, plus potential attorney fees if you hire representation.

What if I can't afford the filing fees?

You may qualify for indigent status and fee waivers. Contact the court clerk for information.

This article is for educational purposes only and does not constitute legal advice. Always consult with a qualified North Carolina attorney for legal guidance regarding your specific situation.