How to Get a Felony Expunged in North Carolina

This guide explains eligibility, filing steps, timelines, and common mistakes when pursuing a felony expungement in North Carolina. Always consult an attorney for case-specific advice.

➜ Estimate underlying sentencing ranges with the NC Felony Sentencing Calculator.

I’ve walked through this process with clients and seen the difference a clean record makes—better jobs, housing, and peace of mind. Below is the practical, no‑nonsense version of what works in real life, including the pitfalls I see most often.

Eligibility (Overview)

Certain non-violent felonies may be eligible after a statutory waiting period.
Disqualifiers include active cases, new convictions, or specific offense categories.

What I verify first:

Is the offense type eligible for expungement under current law? Laws change—double‑check the statute before you start.
Has the full waiting period elapsed? Court dates, probation end dates, and fee payments all affect timelines.
Are there pending charges anywhere (not just the county of conviction)? A pending case can derail the petition.

Petition Steps

Obtain certified records and confirm eligibility.
Prepare expungement petition with required affidavits.
File in the proper county; pay fees or seek waiver if eligible.
Serve required agencies; track responses.
Attend hearings if scheduled.

Field-tested tips for each step:

Certified records: Order multiple certified copies up front; you may need extras for agencies or re‑filings.
Affidavits: Make them specific and consistent (employment, education, volunteer work). Vague statements carry less weight.
Filing: File where the case was handled. If costs are a hardship, prepare a fee waiver packet before you get to the clerk.
Service: Keep a tracking spreadsheet of every agency served, with dates and proof of service.
Hearing: Bring originals, certified copies, and proof of service. Dress formally and arrive early to speak with the clerk or DA if needed.

Timing and Court Process

Processing varies by county; several months is common.
Background checks and agency responses add time.

What I actually see in practice:

3–6 months is typical in many counties; large jurisdictions can take longer.
Delays often come from missing service or incomplete packets—double‑check requirements before filing.
If you move while the case is pending, promptly update your mailing address with the clerk.

Costs and Pitfalls

Filing fees and certified record costs apply.
Incomplete petitions or missing service often cause delays.

Budgeting and avoiding mistakes:

Ask the clerk for the current filing fee and any local requirements. Some charges allow fee waivers if you qualify.
Factor in costs for certified records and notary services.
Triple‑check names, dates of birth, case numbers, and charge descriptions across all documents. Small discrepancies cause big delays.
Don’t submit photocopies where certified copies are required.

FAQs

Can all felonies be expunged?

No. Eligibility depends on offense type, prior record, and time elapsed.

How long does it take?

Timelines vary by county and complexity; months are common.

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