North Carolina Expungement: 2025 Changes, GS 15A-145, and How to File
North Carolina reduced misdemeanor wait times in 2025. Learn about the GS 15A-145 series, $175 filing fee, and the SBI process.
North Carolina uses the word expunction instead of expungement. It is the same concept — clearing a criminal record — but the terminology matters when you are searching for forms, talking to court clerks, or looking up the law. North Carolina's expunction system has multiple pathways depending on what happened with your case, your age at the time of the offense, and what the charge was. The system is more complicated than most states because each pathway has its own statute with its own rules. This guide breaks down each one in plain language.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
The GS 15A-145 series — multiple statutes, multiple pathways
Unlike states that have one expungement statute, North Carolina has a series of statutes numbered GS 15A-145 through GS 15A-145.8A. Each one covers a different situation:
- GS 15A-145 — Expunction of records of first offenders under 18
- GS 15A-145.1 — Gang-related offenses for minors
- GS 15A-145.2 — Drug offenses for people under 22
- GS 15A-145.3 — Toxic vapors offenses for people under 18
- GS 15A-145.4 — Dismissed or not-guilty charges (multiple offenses)
- GS 15A-145.5 — Nonviolent misdemeanor and felony convictions (first offense)
- GS 15A-146 — Dismissed charges, nolle prosequi, and not-guilty verdicts
The statute that applies to you depends on the facts of your case. Using the wrong statute on your petition is one of the most common reasons petitions are delayed or denied. The UNC School of Government publishes an annually updated expunction guide that is the best free resource for figuring out which statute applies to your situation.
Who qualifies — and who does not
May qualify
- Charges that were dismissed or resulted in a not-guilty verdict (2-year wait)
- First-time nonviolent misdemeanor conviction (3-year wait under GS 15A-145.5)
- First-time nonviolent felony conviction (10-year wait under GS 15A-145.5)
- Drug offenses committed while under age 22 (GS 15A-145.2, after sentence completion)
- Offenses committed while under 18 (GS 15A-145, after sentence completion)
- Multiple dismissed charges (GS 15A-145.4)
- Cases resolved through deferred prosecution or conditional discharge
Generally does not qualify
- Violent felonies — defined as Class A through Class G felonies
- Sex offenses requiring registration on the Sex Offender Registry
- Offenses involving commercial vehicles and DWI
- People with prior felony convictions (blocks expunction of subsequent convictions)
- People who have already received an expunction under GS 15A-145.5 (one-time use)
- Class A through Class G felony convictions (even if nonviolent)
- Active charges or pending cases
North Carolina's definition of 'nonviolent' for expunction purposes is specific and statutory. It does not match common usage. A felony that most people would consider nonviolent may still be excluded if it falls within Class A through G. Check the specific classification of your charge.
Drug offenses — the under-22 pathway
North Carolina has a separate expunction pathway for drug offenses committed by people who were under 22 years old at the time of the offense. This is under GS 15A-145.2 and covers first-time drug offenders, including both possession and certain drug paraphernalia charges.
The key requirements: you must have been under 22 at the time of the offense, it must be your first and only drug offense, you must have successfully completed your sentence (including probation, community service, and all conditions), and you must not have any subsequent convictions.
This pathway does not have the same multi-year waiting period as GS 15A-145.5. You may be eligible to petition as soon as you have completed your sentence. The $175 filing fee applies.
Waiting periods
North Carolina's waiting periods vary significantly depending on which statute applies to your case. For dismissed charges, the wait is 2 years. For a first-time nonviolent misdemeanor conviction, it is 3 years (reduced from 5 years as of July 2025). For a nonviolent felony, it is 10 years. The waiting period is measured from the date of conviction or the date you completed your sentence, whichever is later.
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Dismissed or not guilty charges
Clock starts: Date of dismissal or acquittal
Under GS 15A-146. The waiting period was reduced to 2 years by recent legislative changes.
Charges dismissed by the DA (nolle prosequi)
Clock starts: Date the dismissal was entered
Same process as dismissed charges. File in the county where the case was handled.
First-time nonviolent misdemeanor conviction
Clock starts: Conviction date or completion of sentence, whichever is later
Under GS 15A-145.5. Reduced from 5 years to 3 years for misdemeanors as of July 2025. Must be a nonviolent offense.
Nonviolent felony conviction (first time)
Clock starts: Conviction date or completion of sentence, whichever is later
Under GS 15A-145.5. Limited to one nonviolent felony. Must have no other felony convictions.
Drug offense (person under 22 at time of offense)
Clock starts: Date all conditions of sentence are fulfilled
Under GS 15A-145.2. Applies to first-time drug offenders who were under 22 when the offense occurred.
Toxic vapors offense (person under 18)
Clock starts: Date all conditions of sentence are fulfilled
Under GS 15A-145.3. Very narrow provision for minor toxic vapors offenses.
Gang-related offense (person under 18)
Clock starts: Date all conditions of sentence are fulfilled
Under GS 15A-145.1. Limited to qualifying street gang offenses committed by minors.
The filing process
North Carolina expunction petitions are filed with the clerk of superior court in the county where the offense occurred. The process involves filing the petition, paying the fee, and waiting for the SBI and Administrative Office of the Courts to complete their record checks. Most petitions are resolved without a hearing, but the judge may schedule one if there are questions.
How to file for expunction in North Carolina
- 1
Get your North Carolina criminal record
1-3 weeks$14Request your criminal history from the North Carolina State Bureau of Investigation (SBI). This is the official record of all arrests and convictions in North Carolina. You will need the case numbers and charge details from this report to complete your petition.
Request your record at ncsbi.gov. You can order by mail or through an approved fingerprint vendor (IdentoGO). The vendor process is faster and typically returns results in 3-5 business days.
- 2
Pull your court records
1-5 daysVaries by county ($5-$20 for copies)Get your case records from the clerk of superior court in the county where your case was handled. You need the specific case number, exact charges, disposition (how the case ended), date of conviction or dismissal, and details of your sentence. North Carolina court records can be searched online at nccourts.gov.
- 3
Determine which expunction statute applies
1-2 hoursFreeNorth Carolina has multiple expunction statutes (GS 15A-145 through 15A-145.8A), each covering different situations. The statute that applies to you depends on whether you were convicted or not, what the charge was, your age at the time of the offense, and how the case ended. Getting the wrong statute can result in your petition being denied.
The UNC School of Government publishes a comprehensive guide to North Carolina expunctions that is updated annually. It is available free at sog.unc.edu and is the best resource for identifying which statute applies to your situation.
- 4
Complete the petition and order form
1-2 hoursFree (notary fees may apply)North Carolina has specific petition forms for each expunction statute. Download the correct form from nccourts.gov. Fill in your personal information, case details, and the statutory basis for the expunction. The form includes an affidavit section that you must sign and have notarized.
Many banks offer free notary services to account holders. Libraries and UPS stores also have notary services for a small fee.
- 5
File the petition with the clerk of superior court
1 day$175 (waived for indigent petitioners)File the completed, notarized petition with the clerk of superior court in the county where the offense occurred. Pay the $175 filing fee at this step. If you cannot afford the fee, ask about filing as an indigent — the $175 fee does not apply to indigent petitioners.
The clerk will check the petition for completeness at filing. Make sure every field is filled in and the affidavit is properly notarized before you go.
- 6
SBI and AOC conduct record checks
4-8 weeksIncluded in the $175 fee ($122.50 goes to the SBI for this check)After you file, the clerk forwards the petition to the State Bureau of Investigation (SBI) and the Administrative Office of the Courts (AOC). The SBI runs a criminal history check to verify your record and confirm you have no disqualifying convictions. The AOC checks for any prior expunctions.
- 7
Court review and order
2-8 weeks after SBI/AOC reportsFreeAfter the SBI and AOC reports come back, the court reviews the petition. In many cases, the court grants the expunction without a hearing. If there are questions or objections, a hearing may be scheduled. If granted, the judge signs the order of expunction.
- 8
Agencies notified and records destroyed
30-90 days after orderFreeOnce the order is signed, the court notifies the SBI, the arresting agency, and all other agencies that hold the record. Each agency is required to destroy or delete the record. North Carolina expunction is actual record destruction, not just sealing.
Private background check companies are not part of the court notification process. Check your record with major background check companies after 90 days and dispute any lingering records directly.
- North Carolina SBI criminal history — $14 from ncsbi.gov
- Court records: case number, charges, disposition, conviction date, sentence details
- Proof of sentence completion: discharge papers from probation, payment receipts, community service completion
- Correct petition form for your specific statute (from nccourts.gov)
- Notarized affidavit (included in the petition form)
- Filing fee: $175 (or documentation of indigency for fee waiver)
- Government-issued photo ID
- Two copies of everything — one for the court, one for yourself
Using the wrong petition form for your situation is the most common reason North Carolina expunction petitions are delayed. Double-check which GS 15A-145 statute applies to you before completing the form.
The $175 fee — and indigency waivers
North Carolina charges a $175 filing fee for expunction petitions. Of that amount, $122.50 goes to the SBI for the criminal record check, and $52.50 goes to the Administrative Office of the Courts for processing.
If you cannot afford the $175, the fee does not apply to indigent petitioners. You will need to demonstrate financial need — the court will look at your income, assets, and expenses. Ask the clerk of superior court about the indigency waiver process when you go to file.
What expunction does in North Carolina — and its limits
North Carolina expunction is actual record destruction, not just sealing. The SBI deletes the record. The court file is destroyed. The arresting agency is ordered to destroy its records. This is one of the strongest remedies available in any state.
- Federal records are not affected. FBI databases are separate from the SBI. Federal background checks may still show the record.
- You may not be able to petition under the same statute again. GS 15A-145.5 is a one-time use — you can only expunge one conviction under this statute.
- Private background check companies are not automatically notified. They scrape public records and build their own databases. You may need to dispute with them directly.
- Certain professional licensing boards may retain access to expunged records for licensing decisions.
- Immigration consequences are not eliminated. Federal immigration law operates independently of state expunction.
- You must disclose expunged records in certain situations: law enforcement employment, some federal security clearances, and certain professional licensing applications.
Despite these limits, North Carolina expunction removes the record from the background checks most employers and landlords run. The record is destroyed at the state level, which is stronger than the sealing that most states offer.
Free legal help in North Carolina
- Legal Aid of North Carolina — free legal services statewide for income-eligible residents: legalaidnc.org or 1-866-219-5262
- NC Justice Center — policy and legal aid resources: ncjustice.org
- Charlotte Center for Legal Advocacy — free legal help in the Charlotte area: charlottelegaladvocacy.org
- Pisgah Legal Services — serves western North Carolina: pisgahlegal.org
- North Carolina Courts Self-Help — forms and instructions: nccourts.gov
- UNC School of Government Expunction Guide — comprehensive free resource: sog.unc.edu
- North Carolina State Bar Lawyer Referral: ncbar.gov — connects you with attorneys
Legal Aid of North Carolina handles expunction cases and has experience with all of the GS 15A-145 statutes. Their intake staff can quickly identify which pathway applies to your situation.
Where to start
Get your North Carolina SBI criminal history first. That $14 report tells you exactly what is on your record and gives you the case details you need for your petition. From there, identify which GS 15A-145 statute applies to your situation — the UNC School of Government guide is the best free tool for this.
North Carolina recently reduced the waiting period for nonviolent misdemeanor convictions from 5 years to 3 years. If you were told you had to wait 5 years and that period has passed, you are likely eligible now under the updated law. Your record does not have to follow you forever — North Carolina's expunction statutes exist to give people a real second chance.
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