Under North Carolina statutory law, if you have had criminal charges dismissed, or you were found not guilty, you may proceed under N.C.G.S. Section 15A-146 to have the charges expunged if you meet certain criteria. This means that any and all mention of the matter will be erased from the records, and that you will be free thereafter to answer "no" when asked on a job application or college admission questionnaire if you have ever been charged with a crime.
Things You'll Need
- Charges against you dismissed, or finding of not guilty entered.
- No prior expungements.
- No prior felony convictions.
- Application before the court.
Make application for an expungement to the Superior Court in the county of North Carolina where the charges against you were originated.
Ask the court for an order expunging from all records any trace of information in connection with your arrest or your trial on the charges that were dismissed, or a finding of not guilty was the result.
Participate in a hearing before the court and offer proof as to the requirements needed before the order of expungement may be entered.
Represent to the court and prove that you have not been granted an expungement prior to this.
Represent and prove to the court that you have not previously been convicted of any felony under federal law, under the laws of the state of North Carolina, or the laws of any other state.
The court shall order the record expunged.
Tips & Warnings
- If a person has a number of offenses that have been dismissed, or there was a finding of not guilty entered therein, application may be made to have all of these charges expunged as long as they all happened within a 12-month period. There is no requirement that they all arise from the same incident.
- It is possible that certain private databases may still have a record of your arrest. The Administrative Office of the Courts maintains a record of all of those granted an expungement, and these records are available to judges for the purpose of ascertaining whether or not a person is eligible to receive an expungement.
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