An expungement of a criminal record is the destruction of police records of an individual’s convictions and can help them avoid the long-term consequences of a permanent criminal record. However, the right to an expungement was severely limited in North Carolina until Expungement of Dismissals and Acquittals
The new law makes the process simpler to expunge dismissals and acquittals for charges disposed of on or after December 1, 2021. It allows for automatic expungements of dismissals without leave by the prosecutor, dismissals by the judge, or a finding of not guilty or not responsible. There is no waiting period and no limit on the number of expungements an individual can obtain.
Expungement of Nonviolent Misdemeanors and Felonies
It can also be easier to obtain an expungement of older nonviolent misdemeanors and felonies under the Second Chance Act. This new law is effective for petitions for expungements filed on or after December 1, 2020. A person may be eligible for an expungement of the following:
- One nonviolent misdemeanor conviction after five years
- More than one nonviolent misdemeanor conviction after seven years
- One felony nonviolent conviction after 10 years
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