Q: Almost 10 years ago(18 years old/first offense), I was charged with 2 felonies, did a plea deal for a misdemeanor-
-conviction. Is there a way to have the outcome retracted, and original charges dropped? State of NC
A: GREAT QUESTION
The NC Criminal Laws have changed substantially over the last few years, giving some people the opportunity to clear their record.
In North Carolina we call that an "expunction" or "expungement."
There are limitations, expungements are not automatic in every case, and the filing of paperwork can be a bit complicated if not confusing.
As such, we believe it helps to have an attorney prepare the materials and submit them for review pursuant to the local rules/procedures for the county (judicial district) in question.
Expunction of Records.
§ 15A-145. Expunction of records for first offenders under the age of 18 at the time of
conviction of misdemeanor; expunction of certain other misdemeanors.
(a) Whenever any person who has not previously been convicted of any felony, or
misdemeanor other than a traffic violation, under the laws of the United States, the laws of this
State or any other state, (i) pleads guilty to or is guilty of a misdemeanor other than a traffic
violation, and the offense was committed before the person attained the age of 18 years, or (ii)
pleads guilty to or is guilty of a misdemeanor possession of alcohol pursuant to
G.S. 18B-302(b)(1), and the offense was committed before the person attained the age of 21 years,
he may file a petition in the court of the county where he was convicted for expunction of the
misdemeanor from his criminal record. The petition cannot be filed earlier than: (i) two years after
the date of the conviction, or (ii) the completion of any period of probation, whichever occurs later,
and the petition shall contain, but not be limited to, the following:
(1) An affidavit by the petitioner that he has been of good behavior for the two-year
period since the date of conviction of the misdemeanor in question and has not
been convicted of any felony, or misdemeanor other than a traffic violation,
under the laws of the United States or the laws of this State or any other state.
(2) Verified affidavits of two persons who are not related to the petitioner or to each
other by blood or marriage, that they know the character and reputation of the
petitioner in the community in which he lives and that his character and
reputation are good.
(3) A statement that the petition is a motion in the cause in the case wherein the
petitioner was convicted.
(4) Repealed by Session Laws 2010-174, s. 2, effective October 1, 2010, and
applicable to petitions for expunctions filed on or after that date.
(4a) An application on a form approved by the Administrative Office of the Courts
requesting and authorizing a name-based State and national criminal record
check by the Department of Public Safety using any information required by
the Administrative Office of the Courts to identify the individual and a search
of the confidential record of expunctions maintained by the Administrative
Office of the Courts. The application shall be filed with the clerk of superior
court. The clerk of superior court shall forward the application to the
Department of Public Safety and to the Administrative Office of the Courts,
which shall conduct the searches and report their findings to the court.
(5) An affidavit by the petitioner that no restitution orders or civil judgments
representing amounts ordered for restitution entered against him are
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