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How to Get a Misdemeanor Expunged in North Carolina | Step-by-Step Guide (2025)

Learn how to expunge a misdemeanor in North Carolina. Includes eligibility, waiting periods, filing forms, and legal steps under G.S. 15A-145.5.

6 min read
North CarolinaMisdemeanor ExpungementCriminal RecordsG.S. 15A-145.5Record ClearingLegal ProcessCriminal Law

Getting a misdemeanor expunged in North Carolina can significantly improve your employment prospects, housing opportunities, and overall quality of life. Under G.S. 15A-145.5, most non-violent misdemeanors can be expunged after a waiting period, but the process requires careful attention to eligibility requirements and proper filing procedures.

If you have a misdemeanor conviction on your record in North Carolina, you may be eligible to have it expunged (removed) from your criminal record. Expungement can open doors to better employment opportunities, housing options, and professional licenses that were previously unavailable due to your criminal history.

This comprehensive guide explains the expungement process under G.S. 15A-145.5, eligibility requirements, waiting periods, and step-by-step instructions for filing your petition.

Table of Contents

  1. Eligibility Requirements
  2. Waiting Periods
  3. Step-by-Step Process
  4. Required Documents
  5. Filing Fees and Costs
  6. What Happens After Filing
  7. Frequently Asked Questions

Eligibility Requirements

To be eligible for misdemeanor expungement in North Carolina, you must meet several criteria:

Basic Eligibility Requirements

  • Waiting period completed: 3 years from conviction or sentence completion (whichever is later)
  • No new convictions: No arrests or convictions during the waiting period
  • Fines and fees paid: All court costs, fines, and restitution must be paid
  • No pending charges: No pending criminal cases or charges
  • Not a violent misdemeanor: Some violent misdemeanors may not be eligible

Offenses That May Be Expunged

Eligible misdemeanors include:

  • Class 1, 2, and 3 misdemeanors (See our Misdemeanor Classes Explained guide for details on each classification)
  • Most traffic violations
  • Non-violent offenses
  • First-time offenses

Offenses that may NOT be eligible:

  • Some domestic violence misdemeanors (may affect gun rights)
  • Certain assault convictions
  • Offenses involving vulnerable victims
  • Repeat violent offenses

Waiting Periods

The waiting period for misdemeanor expungement in North Carolina is 3 years from the later of conviction date or sentence completion (see our Sentencing Chart for information about potential penalties). The period starts from:

  • Date of conviction, OR
  • Date of sentence completion

Calculating Your Waiting Period

Example 1: Convicted on January 1, 2020, sentenced to 30 days jail (completed February 1, 2020)

  • Waiting period starts: February 1, 2020
  • Eligible for expungement: February 1, 2023

Example 2: Convicted on January 1, 2020, sentenced to probation (completed January 1, 2022)

  • Waiting period starts: January 1, 2022
  • Eligible for expungement: January 1, 2025

Step-by-Step Process

Step 1: Verify Eligibility

Before filing, confirm you meet all eligibility requirements:

  • Check that 3 years have passed since conviction or sentence completion
  • Verify no new arrests or convictions during waiting period
  • Confirm all fines, fees, and restitution are paid
  • Check for any pending charges

Step 2: Gather Required Documents

You'll need several documents to file your petition:

  • Certified copy of your criminal record
  • Proof of payment of all fines and fees
  • Documentation of sentence completion
  • Any relevant court orders

Step 3: Complete the Petition

Download and complete the Petition for Expungement form from the North Carolina Courts website.

Step 4: File with the Court

File your completed petition with the clerk of court in the county where you were convicted.

Step 5: Pay Filing Fee

Pay the required filing fee (currently $175, subject to change).

Step 6: Wait for Court Review

The court will review your petition and may schedule a hearing if necessary.

Required Documents

Essential Documents

  1. Petition for Expungement - Official court form
  2. Certified Criminal Record - From the clerk of court
  3. Proof of Payment - Receipts for all fines, fees, and restitution
  4. Sentence Completion Documentation - Probation completion certificate or jail release papers

Additional Documentation

  • Character References - Letters from employers, community members
  • Employment Records - Proof of steady employment
  • Community Service Records - If applicable
  • Treatment Completion Certificates - If court-ordered treatment was completed

Filing Fees and Costs

Court Filing Fees

  • Petition filing fee: $175 (subject to change)
  • Certified record copy: $25-50
  • Service fees: $10-25

Additional Costs

  • Attorney fees: $500-2,000 (if using legal representation)
  • Background check: $25-50
  • Notary fees: $5-10

Fee Waivers

You may be eligible for a fee waiver if you can demonstrate financial hardship. Contact the clerk of court for information about fee waiver applications.

What Happens After Filing

Court Review Process

  1. Initial Review: Clerk reviews petition for completeness
  2. Background Check: Court may order updated criminal background check
  3. Hearing: Judge may schedule hearing if questions arise
  4. Decision: Court issues order granting or denying expungement

Timeline

  • Filing to initial review: 2-4 weeks
  • Background check: 2-6 weeks
  • Hearing (if required): 4-8 weeks
  • Final decision: 2-4 weeks after hearing

If Approved

Once your expungement is approved:

  • Court issues expungement order
  • Criminal justice agencies update their records
  • Your record is cleared from most databases
  • You can legally state "no" to most criminal history questions

Frequently Asked Questions

How long before I can expunge a misdemeanor?

Most misdemeanors can be expunged three years after sentence completion if no new convictions occurred. The waiting period starts from the later of conviction date or sentence completion date.

Do I need a lawyer for expungement?

While not required, legal help can ensure accurate paperwork and increase approval chances. An attorney can help navigate complex cases or if you have questions about eligibility.

What if I have multiple misdemeanors?

Each misdemeanor must meet eligibility requirements individually. You may need separate petitions for each offense, or some may be ineligible for expungement.

Can expunged records still be seen?

Expunged records should not appear on most background checks, but some government agencies may still have access. The expungement order should be provided to any agency that questions your record.

Related Legal Calculators

Before pursuing expungement, understand your original sentencing and eligibility using these free North Carolina legal calculators:

Conclusion

Expunging a misdemeanor in North Carolina can provide a fresh start and remove barriers to employment, housing, and professional opportunities. While the process requires patience and attention to detail, the benefits of a clean record are significant.

If you're considering expungement, start by verifying your eligibility and gathering the necessary documentation. Consider consulting with an experienced North Carolina criminal defense attorney who can guide you through the process and help ensure your petition is filed correctly.

Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific circumstances. Consult with a qualified North Carolina criminal defense attorney for advice specific to your situation.