In North Carolina, charges that were dismissed or ended in a not-guilty verdict can generally be expunged under G.S. § 15A-146, and certain older nonviolent convictions may qualify under G.S. § 15A-145.5. Eligibility depends on your record and, for convictions, a waiting period. Hancock Law Firm handles expungements in the Carteret County courts in Beaufort.
Hancock Law Firm, PLLC: expungement help in Carteret County, NC
601-A Cedar St, Beaufort, NC 28516
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What is an expungement in North Carolina?
An expungement (the statutes call it an “expunction”) is a court order that removes an eligible charge or conviction from your public criminal record. North Carolina’s expunction laws are collected in Article 5 of Chapter 15A of the General Statutes. Once a record is expunged, it is generally removed from the public court databases that employment and housing background checks draw on, and under G.S. § 15A-153 most employers and schools may not require you to disclose it. A record you thought was behind you can otherwise follow you for years. See these posts on the long-term consequences of a criminal record and how background checks are used in Carteret County.
Which records can be expunged in North Carolina?
The two paths most people use:
- Dismissed charges and not-guilty verdicts (G.S. § 15A-146). There is no waiting period, prior convictions no longer disqualify you, and there is no limit on how many dismissals can be expunged. Charges resolved through a deferred prosecution or conditional discharge can be expunged once they are dismissed. Since July 2024, many qualifying dismissals and acquittals are also expunged automatically about six to seven months after the case ends (see the FAQ below).
- Nonviolent convictions (G.S. § 15A-145.5). Certain older nonviolent misdemeanor and felony convictions can be expunged after a waiting period. “Nonviolent” is defined by exclusion: Class A through G felonies, Class A1 misdemeanors, offenses involving assault, offenses requiring sex-offender registration, and several other categories do not qualify. See what felonies cannot be expunged in NC.
Other statutes cover specific situations, including certain offenses committed at a young age and charges that resulted from identity theft or mistaken identity (G.S. § 15A-147).
A note on DWI: North Carolina law generally does not allow expungement of DWI convictions, because impaired driving is excluded from the nonviolent-conviction statute. A DWI charge that was dismissed or ended in a not-guilty verdict may still qualify under G.S. § 15A-146.
How long do you have to wait for an expungement in NC?
For dismissed charges and not-guilty verdicts there is no waiting period. For convictions, the clock generally runs from the conviction date or the completion of your sentence, including probation or post-release supervision, whichever is later:
| Record type | Waiting period | Notes |
|---|---|---|
| Dismissed charges or not-guilty verdicts (G.S. § 15A-146) | None | Petition any time; many are also expunged automatically since July 2024 |
| One nonviolent misdemeanor (G.S. § 15A-145.5) | 3 years | Shortened from five years for petitions filed on or after July 9, 2025 |
| More than one nonviolent misdemeanor | 7 years | Measured from the most recent conviction or completed sentence |
| One nonviolent felony | 10 years | |
| Felony breaking and entering (G.S. § 14-54(a)) | 15 years | Became eligible under a 2023 law change |
| Two or three nonviolent felonies | 20 years | The offenses must have been committed within a 24-month window |
Other conditions apply: generally no new convictions (aside from certain traffic offenses) during the waiting period, no pending charges or outstanding warrants, and no outstanding restitution obligations. Convictions from the same court session are treated as one, and conviction expunctions are generally a once-per-category remedy (see the FAQ). Because eligibility turns on details like these, the safest first step is a record review.
How Joel Hancock handles expungements in Carteret County
Hancock Law Firm limits its practice to North Carolina state criminal and traffic matters in Carteret County, and expungement petitions grow directly out of that work. Joel Hancock is a Carteret County native who appears regularly in the Carteret County courthouse in Beaufort, and he reviews each record and petition personally. You work with the attorney, not a rotating intake team.
A typical expungement moves through four steps:
- Record review. He pulls your record and matches it against the current statutes. The rules have changed several times in recent years, most recently in 2025, so an old “you don’t qualify” answer may no longer be true.
- Petition. The petition is prepared and filed with the clerk of court in the county where the charge occurred. For Carteret County charges, that is the courthouse in Beaufort.
- State review. Depending on the type of petition, it may be reviewed by the district attorney, the State Bureau of Investigation, and the court.
- The judge’s decision. If the petition is granted, the order directs the agencies holding the record to remove it.
Most petitions take several months from filing to a signed order, so it helps to start before a job application, housing search, or licensing deadline forces the issue. The initial consultation is free.
Meet Joel Hancock
Joel Hancock has practiced criminal defense in Carteret County, North Carolina since 2013 and founded Hancock Law Firm, PLLC in 2018. He concentrates on state criminal and traffic defense in the Carteret County courthouse in Beaufort, including record-clearing work like expungements. He speaks fluent Portuguese and conversational Spanish.
Frequently asked questions about North Carolina expungements
How much does an expungement cost in North Carolina?
For a conviction expunction under G.S. § 15A-145.5, the court filing fee is $175 (waived for indigent petitioners). Most petitions to expunge dismissed charges have no filing fee, though dismissals that followed a deferred prosecution or conditional discharge do carry the $175 fee. Attorney fees are separate, and the initial consultation is free.
Can a DWI be expunged in North Carolina?
Generally, no. Impaired-driving convictions are excluded from North Carolina’s nonviolent-conviction expunction statute, so a DWI conviction usually cannot be expunged. A DWI charge that was dismissed or that ended in a not-guilty verdict, however, may be expunged under G.S. § 15A-146.
Are dismissed charges automatically expunged in North Carolina?
Many are. When every charge in a case is dismissed or ends in a not-guilty finding, the record is generally expunged automatically 180 to 210 days after disposition under G.S. § 15A-146(a4). Felony charges dismissed under a plea agreement are excluded, and petitioning can often clear a record sooner.
How long does an expungement take in North Carolina?
Petition timelines vary, but several months from filing to a signed order is common. The petition may be reviewed by the district attorney, the State Bureau of Investigation, and the court before a judge rules. Automatic expunctions of qualifying dismissals run on their own six-to-seven-month statutory timeline.
How many expungements can you get in North Carolina?
There is no limit on expunctions of dismissed charges and not-guilty verdicts. Conviction expunctions under G.S. § 15A-145.5 are generally once per category (one grant covering misdemeanors and one covering felonies), with limited exceptions, so it pays to plan which convictions to include.
Do I have to tell employers about an expunged record?
Generally, no. Under G.S. § 15A-153, most employers and schools may not require you to disclose an expunged arrest, charge, or conviction, and you generally do not commit perjury by denying it. Limited exceptions exist, such as certain criminal-justice employment and licensing contexts.
Talk to a Carteret County expungement attorney
If you want to find out whether your record qualifies for an expungement, you can reach Hancock Law Firm for a free consultation. Call 252-515-1516 or use the form below.
This page is general information about North Carolina law, not legal advice, and does not create an attorney-client relationship. Every case is different, and eligibility for an expungement depends on the specific facts and your full record. Hancock Law Firm limits its practice to North Carolina state criminal and traffic matters in Carteret County.