North Carolina Criminal Record Sealing: Eligibility and Steps

North Carolina allows individuals to seal certain criminal records under North Carolina General Statute 15A-145 through 15A-146, which outlines the eligibility and process for expungement. The statute provides that individuals may be eligible to have their records expunged if they have been convicted of a non-violent misdemeanor or felony and have completed their sentence, including any probation or parole. The expungement process involves filing a petition with the court, which must be granted by a judge, and the individual must pay a filing fee of $175.

Definition of Eligible Offenses in North Carolina

The North Carolina General Statute 15A-145 defines eligible offenses as non-violent misdemeanors and certain low-level felonies, such as larceny, possession of stolen goods, and obtaining property by false pretenses. To be eligible for expungement, the individual must have completed their sentence, including any probation or parole, and must have paid any restitution or fines. The statute also requires that the individual must not have any pending charges or convictions for a disqualifying offense, such as a violent felony or a sex offense.

The expungement process in North Carolina is governed by the North Carolina General Statute 15A-146, which outlines the procedures for filing a petition and the requirements for eligibility. The statute provides that the individual must file a petition with the court, which must include a certified copy of the judgment and any other relevant documents. The court must then review the petition and determine whether the individual is eligible for expungement.

The North Carolina General Statute 15A-145 also provides that certain offenses are not eligible for expungement, such as violent felonies, sex offenses, and offenses involving the use of a commercial driver’s license. The statute also requires that the individual must have waited a certain period of time before filing a petition for expungement, which varies depending on the offense. For example, an individual must wait 5 years before filing a petition for expungement of a misdemeanor conviction, while an individual must wait 10 years before filing a petition for expungement of a felony conviction.

Eligibility Requirements and Thresholds in North Carolina

Non-Violent Misdemeanors

Non-violent misdemeanors, such as larceny and possession of stolen goods, are eligible for expungement under North Carolina General Statute 15A-145. To be eligible, the individual must have completed their sentence, including any probation or parole, and must have paid any restitution or fines. The statute also requires that the individual must have waited 5 years before filing a petition for expungement.

Low-Level Felonies

Low-level felonies, such as obtaining property by false pretenses, are also eligible for expungement under North Carolina General Statute 15A-145. To be eligible, the individual must have completed their sentence, including any probation or parole, and must have paid any restitution or fines. The statute also requires that the individual must have waited 10 years before filing a petition for expungement.

Disqualifying Offenses

Certain offenses, such as violent felonies and sex offenses, are not eligible for expungement under North Carolina General Statute 15A-145. The statute provides that these offenses are disqualifying and that an individual with a disqualifying offense is not eligible for expungement, regardless of the circumstances. For example, an individual with a conviction for assault with a deadly weapon is not eligible for expungement.

The Expungement Process in North Carolina

The expungement process in North Carolina involves filing a petition with the court, which must be granted by a judge. The individual must file a petition with the court, which must include a certified copy of the judgment and any other relevant documents. The court must then review the petition and determine whether the individual is eligible for expungement.

The expungement process typically takes several months to complete, and the individual must pay a filing fee of $175. The court may also require the individual to appear in court for a hearing, where the judge will review the petition and determine whether to grant the expungement.

The individual must also provide notice to the district attorney and any other relevant parties, such as the victim or the law enforcement agency. The district attorney may object to the expungement, and the court must consider any objections before making a decision.

Penalties and Consequences Under North Carolina Law

The penalties and consequences for failing to comply with the expungement process in North Carolina can be severe. If an individual is found to have made a false statement or provided false information in their petition, they may be subject to a fine of up to $1,000 or imprisonment for up to 30 days. The individual may also be required to pay any costs associated with the expungement process, which can include attorney’s fees and court costs.

The statute also provides that an individual who has had their record expunged may still be required to disclose the offense in certain circumstances, such as when applying for a job or a professional license. The individual must also disclose the offense if they are ever charged with a new crime, and the expunged offense may be used as evidence in any subsequent proceedings.

The penalties and consequences for failing to comply with the expungement process can also include the denial of the expungement petition. If the court denies the petition, the individual may not be eligible to reapply for expungement for a certain period of time, which varies depending on the circumstances.

How North Carolina Compares to Other States

North Carolina’s expungement laws are similar to those of other states, such as South Carolina and Virginia. However, the eligibility requirements and procedures for expungement can vary significantly from state to state. For example, South Carolina requires that an individual wait 3 years before filing a petition for expungement of a misdemeanor conviction, while Virginia requires that an individual wait 5 years.

North Carolina’s expungement laws are also more restrictive than those of some other states, such as California and New York. These states have more liberal expungement laws, which allow individuals to expunge a wider range of offenses, including certain felonies. For example, California allows individuals to expunge certain felony convictions, such as possession of a controlled substance, after completing a diversion program.

However, North Carolina’s expungement laws are more similar to those of other southern states, such as Georgia and Florida. These states have similar eligibility requirements and procedures for expungement, and also have similar penalties and consequences for failing to comply with the expungement process.

Practical Steps for North Carolina Residents

To begin the expungement process in North Carolina, you must first determine whether you are eligible for expungement. You can do this by reviewing the North Carolina General Statute 15A-145 and determining whether your offense is eligible for expungement. You must also wait the required period of time before filing a petition, which varies depending on the offense.

Once you have determined that you are eligible for expungement, you must file a petition with the court. You can do this by filling out the required forms and submitting them to the court, along with any required documents and fees. The filing fee for an expungement petition in North Carolina is $175.

You must also provide notice to the district attorney and any other relevant parties, such as the victim or the law enforcement agency. You can do this by sending a copy of the petition to the district attorney and any other relevant parties, along with a notice of the hearing date and time. The district attorney may object to the expungement, and the court must consider any objections before making a decision.

Recent Changes or Notable Issues in North Carolina

There have been several recent changes to North Carolina’s expungement laws, including the passage of House Bill 1261 in 2020. This bill expanded the eligibility requirements for expungement, allowing individuals to expunge certain low-level felonies and non-violent misdemeanors. The bill also reduced the waiting period for expungement, allowing individuals to file a petition 5 years after completing their sentence.

However, there are still several notable issues with North Carolina’s expungement laws, including the restrictive eligibility requirements and the high filing fees. Many individuals are unable to afford the filing fee, which can be a significant barrier to expungement. Additionally, the expungement process can be complex and time-consuming, and many individuals may not have the resources or knowledge to navigate the process on their own.