Expungement is a legal process through which a criminal conviction is destroyed or sealed from public view. Only certain crimes that meet specific statutory criteria are eligible for expungement in North Carolina. Here are the steps involved in the process.

How to Expunge a Criminal Conviction

1. See If the Crime Is Eligible

First, see if the nature of your criminal conviction meets the eligibility requirements for expungement. In North Carolina, there’s no cap on the number of dismissed or not-guilty cases you can get expunged.

Convictions that aren’t eligible include those that involve any kind of assault, a hate crime, a sex-offender registration requirement, or the possession or sale of certain kinds of drugs. Also, you must wait five to ten years from the last date of the sentence or probation or from the date of conviction if you received no jail time or probationary period.

2. File a Petition

Fill out and submit to the courts the appropriate petition for the type of crime you want to be expunged. You may need to submit additional information along with it, such as affidavits from two people who can attest to your character and a testament that no civil judgements and restitution orders are currently outstanding. An attorney will ensure you compile, notarize, and submit the necessary paperwork.

3. Wait for a Review by the State Bureau of Investigations

Once a judge has signed off on the petition, it will be sent to the State Bureau of Investigations. They’ll verify the information provided and perform a records check to confirm that you have no other criminal infractions presently outstanding. Be patient, as this could take many months.

4. Receive a Judgement From the Courts

Finally, the courts will receive the SBI's report and will decide whether to grant or deny the expungement. In some instances, this can be done without a hearing, but if there are issues that need to be addressed or clarified, a judge can choose to schedule a hearing so you can explain the situation. If the courts agree to the expungement, the conviction is erased from your record.

If you need a lawyer to guide and represent you at every stage of the expungement process, Attorney Thomas Moore of Moore Law Trial Lawyers has been serving the Rocky Mount, NC, region for over 20 years. He offers representation for a wide range of criminal law cases, including traffic violations and drug charges. Call (252) 443-2468 or visit his office's website to schedule a consultation.