1
Select group*
*Required fields
Jurisdiction
2
Select filters
Record Type
3
Select states and territories to compare
From those matching filter criteria
From those matching filter criteria
4
Review policy summaries across selected States
- Group: Adult, Juvenile
- (-) Adult
- (-) Juvenile
928 resultsUse filters above to refine your results.
| North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | North Carolina | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Clearance policy overview | Records relating to certain gang-related felonies committed before age 18 can be expunged by the court two years after conviction or upon completion of probation, so long as the person has no other felony or misdemeanor conviction, other than a traffic violation. N.C. Gen. Stat. § 15A-145.1(a). | Records relating to a conviction for prostitution can be expunged by the court three years after sentence completion, so long as the petition has no prior violent convictions, prior prostitution convictions, and violent felony or violent misdemeanor convictions. N.C. Gen. Stat. §15A-145.6. | Records relating to misdemeanor offenses committed before age 18 can be expunged by the court two years after a conviction or completion of any period of probation, whichever occurs later, so long as the petitioner has no other felony or misdemeanor conviction, other than a traffic violation. N.C. Gen. Stat. § 15A-145(a). | Records relating to an alcohol possession misdemeanor committed before age 21 may be expunged by the court two years after sentence completion, so long as the person has no other felony or misdemeanor conviction other than a traffic violation and it is a first conviction. N.C. Gen. Stat. § 15A-145. | Records relating to certain first offense misdemeanor and felony controlled substance offenses committed when the person was not over 21 can be expunged by the court one year after conviction, so long as the person has no prior felony or misdemeanor conviction, other than a traffic violation. N.C. Gen. Stat. § 15A-145.2(c). | Records relating to first offense of controlled substances, misdemeanor convictions, or possession of drug paraphernalia conviction committed before age 21 may be expunged one year after conviction, so long as the person has no other felony or misdemeanor conviction other than a traffic violation and has completed a drug education program. N.C. Gen. Stat. § 15A-145.3(c). | Records relating to a juvenile petition that the court dismissed without an adjudication can be expunged by the court once the juvenile reaches age 16. N.C. Gen. Stat. § 7B-3200(h). | A record relating to an adjudication can be expunged by the court once the juvenile reaches age 18. N.C. Gen. Stat. §7B-3200(b). | Records relating to no more than three non-violent felony convictions, can be expunged 10 to 20 years after sentence completion. N.C. Gen. Stat. § 15A-145.5(c)(2). | Records relating to a non-violent misdemeanor conviction, or more than one conviction in the same session of court, can be expunged five years after sentence completion, so long as the person has no other felony or misdemeanor convictions other than a traffic violation. N.C. Gen. Stat. § 15A-145.5. | Records relating to any offenses that were discharged or dismissed pursuant to G.S. 14-277.8, and the person was under 20 years of age at the time of the offense, may be expunged by the court. | Records relating to nonviolent convictions may be expunged by the court if the court finds that the person was coerced or deceived into committing the offense as a direct result of having been a trafficking victim. N.C. Gen. Stat. § 15A-145.9(b). | Records relating to a conviction for prostitution pursuant to sections 14-204 or 14-204(7) can be expunged by the court if the petitioner's participation in the offense was a result of having been a trafficking victim, so long as the petitioner has no prior violent felony or violent misdemeanor convictions and no subsequent felony or misdemeanor convictions. N.C. Gen. Stat. § 15A-145.6(b)(2)(a). | Records relating to a conviction for which a pardon of innocence is received can be expunged by the court. N.C. Gen. Stat. § 15A-149(a). | Records relating to a nonviolent offense based on section 15A-1415(b)(10) can be vacated by the court if the conviction was a result of the petitioner having been a victim of human trafficking or sexual servitude. N.C. Gen. Stat. §15A-1416.1(a), (b). | Records relating to a person discharged with a first controlled substance offense or felony and the proceedings against the person were dismissed may be expunged by the court if the person was not over 21 at the time of the offense. N.C. Gen. Stat. §§ 15A-145.2(a), N.C. Gen. Stat. § 90-96. | Records relating to felonies or misdemeanors can be expunged by the court upon dismissal or a finding of not guilty or not responsible, so long as the person has no prior felony conviction. N.C. Gen. Stat. § 15A-146. | Records relating to a felony or misdemeanor containing the name of an identity theft victim or a person mistakenly identified as the perpetrator of a crime can be expunged by the court upon a finding of not guilty or a set-aside of the conviction. N.C. Gen. Stat. § 15A-147(a). | Records relating to a felony or misdemeanor containing the name of an identity theft victim or a person mistakenly identified as the perpetrator of a crime are expunged upon dismissal. N.C. Gen. Stat. § 15A-147(a1). | Records relating to certain controlled substance and paraphernalia charges, for a person not over the age of 21 at the time of the offense, can be expunged upon dismissal, nolle prosequi, or finding of not guilty or adjudication of innocence. N.C. Gen. Stat. § 15A-145.2(b), 15A-145.3(b). |
| Ineligible Category or Citation | This provision applies only to Class H felony offenses under Article 13A of Chapter 14 or an enhanced offense under section 14-50.22. N.C. Gen. Stat. § 15A-145.1(a). | This provision only applies only to prostitution convictions specified in 15A-145.6(a)(1). | This provision applies to misdemeanors, other than traffic violations, that occur before the person turned 18. | This provision applies only to first-offense possession of alcohol misdemeanor convictions under Section 8B-302(b)(1) committed before the person turned 21. | This provision applies only to first-offender convictions under Article 5 of Chapter 90 of the General Statutes of possessing a controlled substance included within Schedules I through VI of Chapter 90, possession of drug paraphernalia as prohibited by section 90-113.22, and felonies under section 90-95(a)(3). N.C. Gen. Stat. § 15A-145.2(c). | This provision applies only to offenses specified in N.C. Gen. Stat. section 15A-145.3(c). | There is no statutory language regarding ineligible offenses. | The offense cannot have been a Class A, B1, B2, C, D, or E felony if committed by an adult. N.C. Gen. Stat. § 7B-3200(b)(1). | See section 15A-145.5(a) for offenses ineligible for expungement. | See 15A-145.5(a) for offenses ineligible for expungement. | Ineligible offenses described in N.C. Gen. Stat. § 15A-145.7(a)(1). | Eligible offenses described in N.C. Gen. Stat. § 15A-145.9(a)(1). | This provision only applies only to prostitution convictions specified in 15A-145.6(a)(1). | There is no statutory language regarding ineligible offenses. | This provision applies only to first-offense prostitution convictions under section 14-204. N.C. Gen. Stat. §§ 15A-1416.1(a)), 15A-1415(b)(10). | This provision applies only to certain drug offenses discharged and dismissed under section 90-96(a). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | This provision applies only to offenses specified in N.C. Gen. Stat. sections 15A-145.2(b), 15A-145.3(b), 90-95(a)(3). |
| Clearance Process | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Varies | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Petition-based |
| Waiting Periods | The petition can be filed two years after date of conviction or completion of any period of probation, whichever is later. | The petition can be filed three years after the date of conviction or when any active sentence, period of probation, and post-release supervision has been served, whichever is later. | The petition can be filed two years after the date of conviction or completion of any period of probation, whichever is later. | The petition can be filed two years after the date of conviction or completion of any period of probation, whichever is later. | The petition can be filed 12 months after the conviction. | The petition can be filed not sooner than 12 months after the conviction. | The petition can be filed upon the juvenile attaining age 16. N.C. Gen. Stat. § 7B-3200(h). | The person must be 18 years old and at least 18 months must have elapsed since the person was released from juvenile court jurisdiction. N.C. Gen. Stat. § 7B-3200(b)(2). The petition can be filed upon the person turning 18 years old, if at least 18 months have elapsed since release from juvenile court jurisdiction. N.C. Gen. Stat. § 7B-3200(b)(2). | The petition may be filed 10 years after the date of conviction or when any active sentence, period of probation, and post-release supervision has been served, whichever occurs later. N.C. Gen. Stat. § 15A-145.5(c). | The petition may be filed five years after the date of conviction or when any active sentence, period of probation, and post-release supervision has been served, whichever occurs later. N.C. Gen. Stat. § 15A-145.5(c). | There is no statutory language regarding a waiting period. | There is no waiting period. | There is no statutory language regarding a waiting period. | The petition can be filed upon receipt of a pardon of innocence. | The petition can be filed at any time following entry of a verdict. N.C. Gen. Stat. § 16A-1416.1(a). | The petition can be filed after the proceedings are discharged and dismissed pursuant to a conditional discharge. | The petition can be filed upon the dismissal or finding of not guilty or not responsible. | The petition may be filed upon a finding of not guilty or a set-aside of the conviction. | The procedure is automatic upon the dismissal by the prosecutor. | The petition can be filed upon dismissal, nolle prosequi, or finding of not guilty or adjudication of innocence. |
| Fees | The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145.1(d). | There is no statutory language regarding fees. | The $175 filing fee is waivable if petitioner is indigent. N.C. Gen. Stat. § 15A-145(e). | The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145(e). | The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145.2(d). | The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145.3(d). | There is no statutory language regarding fees. | There is no statutory language regarding fees. | The $175 filing fee is waivable if petitioner is indigent. N.C. Gen. Stat. § 15A-145.5(g). | The $175 filing fee is waivable if petitioner is indigent. N.C. Gen. Stat. §§ 15A-145.5(g). | The $175 filing fee is waivable if petitioner is indigent. N.C. Gen. Stat. § 15A-145.7(d). | The costs of expunging the records shall not be taxed against the petitioner. N.C. Gen. Stat. § 15A-145.9(k). | There is no statutory language regarding fees. | There are no fees. N.C. Gen. Stat. § 15A-149(b). | There is no statutory language regarding fees. | The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. § 15A-145.3(d). | None, unless the dismissal followed deferred a prosecution or conditional discharge, in which case the fee is $175, waivable for indigency. N.C. Gen. Stat. § 15A-146. | There are no fees. N.C. Gen. Stat. § 15A-147(c). | There are no fees. N.C. Gen. Stat. § 15A-147(c). | The $175 filing fee is waivable if the petitioner is indigent. N.C. Gen. Stat. §§ 15A-145.2(d), 15A-145.3(d). |
| Effect | The court shall order that such person be restored to the status occupied by the petitioner before such arrest or indictment or information, and that the record be expunged from the records of the court. N.C. Gen. Stat. § 15A-145.1(b). | The person need not disclose the arrest or court proceedings, except in the circumstances specified in section N.C. Gen. Stat. §15A-145.6(g1). | The person need not disclose the arrest or court proceedings. N.C. Gen. Stat. § 15A-145.1(b). | No person as to whom such order has been entered shall be held thereafter under any provision of any laws to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge such arrest, or indictment, information, or trial, or response to any inquiry made of him for any purpose. N.C. Gen. Stat. §15A-145(b1). | If the court grants the petition, the conviction is canceled and the records of arrest and court proceedings are expunged. The person need not disclose the arrest or court proceedings. N.C. Gen. Stat. § 15A-145.2(c). | A conviction in which the judgment of conviction has been cancelled and the records expunged pursuant to this subsection shall not be thereafter deemed a conviction for purposes of this subsection or for purposes of disqualifications or liabilities imposed by law upon conviction of a crime, except as provided in G.S. 15A-151.5.Cancellation and expunction under this subsection may occur only once with respect to any person. N.C. Gen. Stat. § 15A-145.3(c). | The court shall order the clerk and the appropriate law enforcement agencies to expunge their records of the allegations of delinquent or undisciplined acts including all references to arrests, complaints, referrals, juvenile petitions, and orders. The clerk shall forward a certified copy of the order of expunction to the sheriff, chief of police, or other appropriate law enforcement agency, and to the chief court counselor, and these specified officials shall immediately destroy all records relating to the allegations that the juvenile was delinquent or undisciplined. N.C. Gen. Stat. § 7B-3200(h). | The court shall order the clerk and the appropriate law enforcement agencies to expunge their records of the allegations of delinquent or undisciplined acts including all references to arrests, complaints, referrals, juvenile petitions, and orders. The clerk shall forward a certified copy of the order of expunction to the sheriff, chief of police, or other appropriate law enforcement agency, and to the chief court counselor, and these specified officials shall immediately destroy all records relating to the allegations that the juvenile was delinquent or undisciplined. N.C. Gen. Stat. § 7B-3200(h). | No person as to whom an order has been entered pursuant to subsection (c) of this section shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of that person's failure to recite or acknowledge the arrest, indictment, information, trial, or conviction. This subsection shall not apply to a sentencing hearing when the person has been convicted of a subsequent criminal offense. N.C. Gen. Stat. § 15A-145.5(d). | No person as to whom an order has been entered pursuant to subsection (c) of this section shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of that person's failure to recite or acknowledge the arrest, indictment, information, trial, or conviction. This subsection shall not apply to a sentencing hearing when the person has been convicted of a subsequent criminal offense. N.C. Gen. Stat. § 15A-145.5(d). | The effect of such order shall be to restore such person in the contemplation of the law to the status the person occupied before such arrest or indictment or information. N.C. Gen. Stat. § 15A-145.7(d). | The court shall order that the person be restored to the status the person occupied before the arrest or indictment. N.C. Gen. Stat. § 15A-145.9(f). | The person need not disclose arrest or court proceedings, except in the circumstances specified in section 15A-145.6(g). | No person as to whom such an order has been entered under this section shall be held thereafter under any provision of any law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of the person's failure to recite or acknowledge any expunged entries concerning apprehension, charge, or trial. N.C. Gen. Stat. §15A-149(c). | The conviction is vacated, and the court may take such additional action as is appropriate in the circumstances. N.C. Gen. Stat. § 15A-1416.1(c). | The expungement shall restore a person to the status the person occupied before such arrest or indictment or information. N.C. Gen. Stat. § 15A-145.2(a). | The person need not disclose arrest or court proceedings, except in the circumstances specified in N.C. Gen. Stat. section 15A-153(e). | The person need not disclose the arrest or court proceedings. N.C. Gen. Stat. § 15A-147. | The person need not disclose the arrest or court proceedings. N.C. Gen. Stat. § 15A-153. | The effect of such order shall be to restore the petitioner in the contemplation of the law to the status he occupied before such arrest or indictment or information or conviction. N.C. Gen. Stat. § 15A-145.3 (c). |
| Remedy | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Vacate | Expunge | Expunge | Expunge | Expunge | Expunge |
