I get a lot of calls about expungement on You and the Law, my public service legal call-in show on Tuesday mornings on WSJS, 600 AM.
Here is a quick summary of the law.
The law governing expungement is completely statutory, which is found in Chapter 15A of the North Carolina General Statutes, largely covered in GS 15A-145 and 146. These statutory provisions are provided by most library branches around the state.
You cannot generally get an expungement for a felony conviction, unless that felony has been later dismissed or you receive a pardon. If you have been indicted on a felony charge and that charge is dismissed or you are found not guilty, you can get the charge expunged from the record, if you have not had another matter expunged.
The expungement laws mainly cover misdemeanors other than traffic violations. There are various specific provisions for young offenders, certain drug offienses, and others. Generally, you are limited to one expungement.
There are a number of technical and substantive requirements, including being of otherwise good behavior for two years, among others.
If a charge or conviction is expunged, it effectively takes the misdemeanor or charge off the public record, except for certain law enforcement personnel and the court.
If a matter is expunged, you can state honestly, as the statute specifically recites, that you have not been charged or convicted. Only in rare circumstances must you disclose the charge, such as when you apply to take the bar examination to become a North Carolina
Expungement law is very technical and complicated, and any attempt to have a charge expunged should be handled by an attorney.
This general summary of expungement law is just that: a general summary of the main provisions. There are lots of specific exceptions. So this summary should not be taken as legal advice on which you can relay. And no attorney-client relationship is established by providing this general information as a public service.
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