North Carolina Misdemeanor Expungement Attorneys

Reviewed: May 15, 2026

North Carolina is one of the more accommodating states for misdemeanor expungement. The 2020 Second Chance Act expanded who qualifies — both for dismissals and for many older convictions.

Quick answer: Misdemeanor in North Carolina

North Carolina is one of the more accommodating states for misdemeanor expungement. The 2020 Second Chance Act expanded who qualifies — both for dismissals and for many older convictions.

Important: This page provides general legal information about expungement and record sealing laws. It is not legal advice for your specific situation. Eligibility rules vary by state, county, and individual circumstances. Always consult a licensed attorney before taking any legal action.

Who qualifies for misdemeanor expungement in NC?

Dismissed or not-guilty misdemeanors can typically be expunged at any time, with no waiting period and at no fee. For misdemeanor convictions, a waiting period applies: most non-violent misdemeanors qualify after 5 years with no new convictions; some older misdemeanors may qualify under broader rules. Certain offenses (assault on a female, DWI, sex-related crimes, and others listed in the statute) cannot be expunged.

How does the process work?

The attorney files a petition in the county that handled the original case. The State Bureau of Investigation (SBI) and the District Attorney both have time to review. If there is no objection and the petition meets the statute, the judge signs the order. Several state and county agencies then physically destroy or seal the records.

How long does it take?

Typically 6 to 9 months. The SBI review is the slowest piece.

How much does it cost?

Court fees: $175 for an expungement of a misdemeanor conviction; dismissals and not-guilty cases are free to file. Attorney fees depend on the attorney, the complexity of your case, and any related charges — ask any lawyer you contact for a written quote before you hire them.

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How to expunge your North Carolina misdemeanor

Determine eligibility under Second Chance Act. Your attorney reviews your case to confirm the charge qualifies. Dismissals have no waiting period. Convictions require 5 years with no new charges for most non-violent misdemeanors.
Obtain certified court disposition. Request a certified copy of the final disposition from the clerk of court in the county where the case was handled.
File petition in county court. Your attorney files the expungement petition in the same county court that handled the original case. Filing fee is $175 for convictions, no fee for dismissals.
Serve State Bureau of Investigation. The petition must be served on the SBI and District Attorney. Both agencies have 30-60 days to review and object if they find the case does not meet statutory requirements.
Wait for SBI review. The SBI confirms your criminal history meets eligibility criteria. This is the longest step, typically 4-6 months.
Court hearing or order entry. If no objection is filed, the judge typically signs the order without a hearing. If the DA objects, a hearing is scheduled to address the challenge.
Receive signed expungement order. Once the judge signs the order, certified copies are sent to the SBI, clerks office, sheriff, and other agencies. Records are destroyed or sealed from public view.

Statutes cited

North Carolina General Statute § 15A-145.5 (Misdemeanor expungement) — N.C.G.S. § 15A-145.5
North Carolina General Statute § 15A-146 (Expungement of records for dismissed charges) — N.C.G.S. § 15A-146

Frequently asked questions

How many misdemeanors can I expunge?

There is no longer a hard cap for many non-violent misdemeanor convictions, but multiple-case expungements are more complex. A lawyer will look at how the cases interact.

Will the SBI keep a copy?

After expungement, the SBI maintains a confidential record for limited purposes (mostly for use if you later seek another expungement). Public background checks should not show it.

Can I expunge a charge from another state in NC?

No. North Carolina expungements only address NC records. Each state has its own process.

Does an expunged misdemeanor have to be reported on job applications?

NC employers generally cannot consider expunged records. There are narrow exceptions for certain licensing boards and law-enforcement positions. A lawyer can outline which apply to your situation.

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