How to Expunge a Felony off a Record in North Carolina
Having a clean criminal record has become increasingly important in today's world. Companies, schools, banks and other entities routinely run background checks on applicants, and a felony conviction can spoil a great opportunity. North Carolina law provides for the pardon of a felony by the governor if the applicant "has maintained a good reputation in their community following the completion of his or her sentence of a criminal offense." The pardon does not erase the felony from your record, but you can pursue expungement if you are granted a pardon.
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Instructions
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Apply in writing to the governor for a pardon. There are three types of pardons: pardon of forgiveness, pardon of innocence and unconditional pardon. You cannot apply until at least five years after you've completed your sentence. You can apply yourself or you can hire an attorney to apply on your behalf. Include with your application a statement explaining why you are applying for a pardon, a copy of your indictment, verdict and court judgment. The governor will review your application and decide whether to issue a pardon. If you are granted a pardon, you can pursue expungement.
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Have your attorney file an application for expungement with the North Carolina judicial branch. There will be an application fee, but it typically runs no more than $75. Judicial branch officials will have the North Carolina Special Bureau of Investigation (SBI) conduct a background investigation. The SBI will provide the judicial branch with a full report of their investigation.
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Answer any additional questions the judicial branch may ask. Your attorney will help you contest any inconsistencies or any objections to expungement in the report. The judicial branch will review your application, the facts of your case, the circumstances surrounding your crime and the SBI's report, then decide whether you meet the standards for expungement.
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Ask for certified copies of the pardon order, as well as the expungement order. You should request extra copies in case questions about your record arise in the future.
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Tips & Warnings
If you are convicted of certain drug offenses while 21 years of age or younger, you can apply directly to the North Carolina judicial branch for pardon and expungement.
A pardon is simply attached to your criminal record. It does not erase it. You must obtain expungement to have your record sealed.
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