A criminal conviction could have a significant and lasting impact on individuals, especially young people. In particular, convictions could impair an individual’s ability to get into college, obtain employment, and/or receive a license/certification to practice in a particular field.

 

Everyone makes mistakes during their lives. When the mistake results in a criminal conviction, an important question is how an individual can attempt to alleviate the impact of the conviction. One method is to attempt to expunge a prior conviction.

 

North Carolina’s expungement laws are divided into different categories, including statutes related to first-time misdemeanor and alcohol offenders, first-time drug possession offenders, and certain first-time felony offenders. In each of these instances, there is an age limitation as discussed below. Also, an individual could seek to expunge a misdemeanor/felony conviction without any age limitation under certain conditions. Additionally, an individual could seek an expungement when the charges are dismissed or the individual is found not guilty.

 

A first-time offender convicted (by plea or trial) of a misdemeanor committed before the offender turned 18 (or possession of alcohol before the offender turned 21) is eligible for an expunction. The offender must wait 2 years from the date of conviction or completion of probation, whichever occurred later. For more information on the process, click here.

 

An expungement is also possible in the case of a first-time drug possession offender. An individual under age 21 who is charged with possession of a controlled substance or possession of drug paraphernalia and who successfully completes the deferred prosecution program pursuant to North Carolina General Statutes Section 90-96 is eligible for an expungement.  Also, an individual (who was under 21 at the time of the offense) convicted of possession of a controlled substance or possession of drug paraphernalia may seek an expungement 12 months after the conviction.  Click here for more information.

 

If a first-time offender is convicted of a non-violent felony offense committed before age 18, then the person could be eligible for an expungement under certain conditions. For example, the conviction cannot be a Class A-G felony offense, the offense cannot include assault as an essential element, the offense cannot involve impaired driving, the offense cannot include a sex offender registration requirement, the offense cannot be a sex-related offense or stalking, and the offense cannot involve heroin, methamphetamine, or sell/delivery/possession with the intent to sell or deliver cocaine (unless the offender received a prayer for judgment continued for a Class G, H, or I felony). In this situation, the offender must wait 15 years from the date of conviction or the conclusion of the active/suspended sentence, whichever occurred later. Please click here for more information.

 

Under certain conditions, a first-time offender may also seek an expunction for any non-violent felony or misdemeanor without an age limitation. For instance, similar to the situation above, the conviction cannot be a Class A-G felony offense or a Class A1 misdemeanor, the offense cannot include assault as an essential element, the offense cannot involve impaired driving, the offense cannot include a sex offender registration requirement, the offense cannot be a sex-related offense or stalking, and the offense cannot involve heroin, methamphetamine, or sell/delivery/possession with the intent to sell or deliver cocaine. In this situation, the offender must wait 15 years from the date of conviction or the conclusion of the active/suspended sentence, whichever occurred later. Click here for more information.

 

Finally, an individual whose charges are dismissed (e.g. following successful completion of a deferred prosecution agreement) or who is found not guilty may seek an expungement as detailed here.

 

For all North Carolina statutes pertaining to expungements, click here.

 

***NOTE: This information does not constitute legal advice. It is for informational purposes only. With questions, please contact Weede Law, PLLC for a free initial consultation.