Step-by-Step: How to File for an Expungement in North Carolina

Anthony Amos • April 25, 2025
Expungement Lawyer in North Carolina

A criminal record can create long-lasting barriers to employment, housing, and education. Fortunately, North Carolina offers expungement—a legal process that removes certain charges or convictions from public records. Recent changes under the Second Chance Act (2020) have expanded eligibility, making it easier for individuals to clear their records.

This guide provides a detailed, step-by-step process for filing an expungement in North Carolina, including eligibility requirements, necessary forms, and common pitfalls to avoid.



Step 1: Determine Eligibility

Not all criminal records qualify for expungement. Eligibility depends on:

Types of Expungements Available

  1. Dismissed or "Not Guilty" Charges
  • No waiting period; can be expunged immediately.
  • Includes cases dismissed by the court or after a not-guilty verdict.
  1. Nonviolent Misdemeanors
  • Single conviction: 5-year waiting period after completing the sentence.
  • Multiple convictions: 7-year waiting period.
  1. Nonviolent Felonies
  • First-time felony: 10-year waiting period.
  • Class A-G felonies and violent crimes are not eligible.
  1. Juvenile Offenses
  • Crimes committed before age 18 (or 22 for certain drug offenses) may qualify with no waiting period.
  1. Automatic Expungements
  • Some dismissed charges are now automatically expunged after 180–210 days.

Disqualifications

  • DWI convictions cannot be expunged (only dismissals or acquittals).
  • Outstanding restitution or probation disqualifies applicants.


Step 2: Obtain Your Criminal Record

Before filing, request a complete copy of your criminal history:

  • Online: Use the North Carolina Court System’s public access portal.
  • In Person: Visit the clerk’s office in the county where charges were filed.


Step 3: Complete the Required Forms

North Carolina uses specific AOC forms for each expungement type:

Common Forms

  1. Expunction Petition (AOC-CR-279): For dismissed or not-guilty charges.
  2. Affidavit of Good Moral Character: Required for misdemeanor/felony expungements.
  3. Fee Waiver Form (AOC-CR-225): If unable to pay the $175 filing fee.

Where to Get Forms


Step 4: File the Petition

  1. Submit to the Clerk’s Office in the county where the charge originated.
  2. Pay the Fee (if applicable):
  • $175 for conviction expungements.
  • No fee for dismissals or not-guilty verdicts.
  1. Notify the District Attorney: Some petitions require DA review before filing.


Step 5: Await Review and Hearing

  • Background Check: The State Bureau of Investigation (SBI) verifies eligibility.
  • Judge’s Decision:
  • Some counties approve petitions without a hearing.
  • Others require a court appearance.

Processing Time: Typically 6–12 months.



Step 6: After Approval

  • Receive Expungement Order: Keep multiple copies for personal records.
  • Update Private Databases: Some background check companies may still show old records; request updates.

Common Mistakes to Avoid

  1. Filing Under the Wrong Statute: Using an incorrect form delays the process.
  2. Missing Deadlines: Waiting periods must be fully met.
  3. Unpaid Restitution: All court-ordered payments must be completed.


Why Choose Amos Law for Your Expungement?

At Amos Law, we bring more than just legal knowledge to your expungement case - we bring a commitment to your future. Our approach begins with a comprehensive case evaluation where we:

  1. Conduct a thorough record review - We examine every detail of your criminal history to identify all eligible charges, including those you might have overlooked.
  2. Develop a strategic timeline - For cases requiring waiting periods, we create a step-by-step plan so you know exactly when and how each charge can be addressed.
  3. Handle all paperwork with precision - Our team completes and files all necessary documents, from initial petitions to final orders, with meticulous attention to detail.
  4. Navigate complex situations - Whether dealing with multiple jurisdictions, old records, or unique circumstances, we have successfully resolved challenging cases across North Carolina.
  5. Provide ongoing communication - You'll receive regular updates about your case status and what to expect next, with a team always available to answer your questions.
  6. Maximize your opportunities - We stay current with all changes to expungement laws, including recent expansions under the Second Chance Act, to ensure you benefit from every available option.
  7. Offer flexible solutions - From payment plans to coordinating with other legal matters, we work to make the process accessible and manageable for each client.

Our track record speaks for itself - we've helped hundreds of North Carolinians successfully clear their records and move forward with their lives. While the expungement process can seem daunting alone, but Amos Law, understands both the legal system and what this fresh start means for you and your family.

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