A dismissed charge still shows up on a background check until it's expunged. So does an old conviction. North Carolina has expanded expungement eligibility significantly in recent years, and many people who were told 'no' a decade ago now qualify.
What can be expunged in North Carolina
Dismissed charges and not-guilty verdicts can be expunged at any time under G.S. 15A-146, with no filing fee and no limit on the number of petitions. Since the Second Chance Act, many dismissals entered after December 2021 are expunged automatically, but not all, and older ones require a petition.
Convictions are expunged under G.S. 15A-145.5. One nonviolent misdemeanor can be expunged five years after the sentence is complete; multiple nonviolent misdemeanors, seven years after the last. One nonviolent felony can be expunged after ten years; two or three nonviolent felonies from the same session or 24-month window, after 20 years. 'Nonviolent' excludes Class A through G felonies, assaults, sex offenses requiring registration, offenses involving methamphetamine or heroin, DWI, and a few others. First-offender drug possession under G.S. 90-96 and certain offenses committed under 18 or 22 have their own faster paths.
The process
We pull your full record from every county, confirm eligibility under the current statute, prepare the petition and affidavits, and file in the county of the charge. Timelines vary by county; some take a few months, some longer. Once granted, you may lawfully deny the charge on most applications.
Why it matters
Jobs, apartments, professional licenses, firearm purchases and immigration all involve background checks. An expungement removes the record from public view and from most private databases that pull from court data.
Charged? We're here now. Phones are answered 24/7. Don't give a statement, don't post about it, and call us before your first court date.
Call (704) 842-3411Request a free case reviewCommon questions
How much does an expungement cost?
Most are handled for a flat fee, plus the court filing fee where one applies. Dismissals and not-guilty verdicts carry no filing fee in North Carolina. We quote the exact number on the first call.
How long does it take?
Dismissals filed by petition typically take two to four months, depending on the county and the state's background check. Conviction expungements take longer, often four to eight months, because the SBI and the Administrative Office of the Courts must confirm eligibility. Automatic expunctions of recent dismissals happen without a filing.
Can a DWI be expunged in North Carolina?
No. North Carolina excludes DWI convictions from expungement under G.S. 15A-145.5. A dismissed DWI charge, however, can be expunged like any other dismissal. That exclusion is one more reason a DWI charge should be defended, not pled.
This page provides general information about North Carolina law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.