Read N.C. Gen. Stat. § 17E-25 when the issue is disclosure of convictions and expungements for the office of sheriff. The statute says: “Each individual filing, or intending to file, a notice of candidacy for election or any individual prior to appointment to fill a vacancy to the office of sheriff shall request the Commission to prepare a disclosure statement verifying that individual has no prior felony convictions or expungements of felony convictions.”
The petition and the sections next to it
North Carolina uses N.C. Gen. Stat. § 7B-325 for petition for expungement. The statute says: “At least one year has passed since the person was placed on the responsible individuals list without judicial review, though eligible for review.”
Read N.C. Gen. Stat. § 15A-145.5 when the issue is the limits on the order. The statute says: “For purposes of this section, the term 'nonviolent misdemeanor' or 'nonviolent felony' means any misdemeanor or felony except the following: (1) A Class A through G felony or a Class A1…”
North Carolina uses N.C. Gen. Stat. § 15A-145.2 for expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses. The statute says: “Whenever a person is discharged, and the proceedings against the person dismissed, pursuant to G.S.”
When a different section applies
Read N.C. Gen. Stat. § 15A-145.4 when the issue is expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony. A juvenile record uses this section rather than the adult petition. The statute says: “For purposes of this section, the term 'nonviolent felony' means any felony except the following: (1) A Class A through G…”
What an order changes
On what the order does, the North Carolina text is N.C. Gen. Stat. § 15A-153. Read it for what a granted order changes. The statute says: “(a) Purpose. - The purpose of this section is to clear the public record of any entry of any arrest, criminal charge, or criminal conviction that has been expunged so that (i) the person who is entitled to and receives the expunction may omit reference to the charges or…”
What the courts have done
IN The Matter OF Expungement For Heather Rachelle Spencer, 140 N.C. App. 776 (2000) is worth reading in full. The opinion puts it this way: “The Court of Appeals granted the State’s writ of certiorari on 29 October 1999 to review the order for expungement.”
State v. J.C. (2019) is worth reading in full. The opinion puts it this way: “A-27 does not apply; expunction orders are governed by the criminal‑procedure statutes, specifically §15A-1445.”
Before you file
- Open N.C. Gen. Stat. § 17E-25 and read the part on disclosure of convictions and expungements for the office of sheriff. Everything else in the filing has to fit that section.
- Ask the clerk which local form that North Carolina county uses, then check the form against N.C. Gen. Stat. § 17E-25.
- If the person was a juvenile, move to N.C. Gen. Stat. § 15A-145.4 instead of forcing the case into the adult section.
- If the court grants the petition, N.C. Gen. Stat. § 15A-153 is what the order actually changes.
- Then read IN The Matter OF Expungement For Heather Rachelle Spencer, 140 N.C. App. 776 (2000). That is a North Carolina court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in North Carolina?
N.C. Gen. Stat. § 17E-25 deals with disclosure of convictions and expungements for the office of sheriff. The statute says: “Each individual filing, or intending to file, a notice of candidacy for election or any individual prior to appointment to fill a vacancy to the office of sheriff shall request the Commission to prepare a disclosure statement verifying that individual has no prior felony convictions or expungements of felony convictions.”
What does a granted North Carolina order change?
N.C. Gen. Stat. § 15A-153 deals with what the order does. Read it for what a granted order changes. The statute says: “(a) Purpose. - The purpose of this section is to clear the public record of any entry of any arrest, criminal charge, or criminal conviction that has been expunged so that (i) the person who is entitled to and receives the expunction may omit reference to the charges or…”
Does North Carolina use a different statute when the person was under eighteen?
On expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony, the North Carolina text is N.C. Gen. Stat. § 15A-145.4. A juvenile record uses this section rather than the adult petition. The statute says: “For purposes of this section, the term 'nonviolent felony' means any felony except the following: (1) A Class A through G…”
How have North Carolina courts ruled on expungement?
IN The Matter OF Expungement For Heather Rachelle Spencer, 140 N.C. App. 776 (2000) “The Court of Appeals granted the State’s writ of certiorari on 29 October 1999 to review the order for expungement.”
North Carolina clerks still control the form and the fee. N.C. Gen. Stat. § 17E-25 is the statewide rule on who may ask and what the order does.