15A-145. (Effective until January 1, 2023) Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors. (a) Whenever any person who has not previously been convicted of any felony, or misdemeanor other than a traffic violation, under the laws of the United […]
15A-145.1. (Effective until January 1, 2023) Expunction of records for first offenders under the age of 18 at the time of conviction of certain gang offenses. (a) Whenever any person who has not previously been convicted of any felony or misdemeanor other than a traffic violation under the laws of the United States or the […]
15A-145.2. (Effective until January 1, 2023) Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses. (a) Whenever a person is discharged, and the proceedings against the person dismissed, pursuant to G.S. 90-96(a) or (a1), and the person was not over 21 years […]
15A-145.3. Expunction of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapors offenses. (a) Whenever a person is discharged and the proceedings against the person dismissed under G.S. 90-113.14(a) or (a1), such person, if he or she was not over 21 years of age […]
15A-145.4. Expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony. (a) For purposes of this section, the term "nonviolent felony" means any felony except the following: (1) A Class A through G felony. (2) A felony that includes assault as an […]
15A-145.5. Expunction of certain misdemeanors and felonies; no age limitation. (a) 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 misdemeanor. (2) An offense that includes assault as an essential element of the […]
15A-145.6. Expunctions for certain defendants convicted of prostitution. (a) The following definitions apply in this section: (1) Prostitution offense. – A conviction for (i) violation of G.S. 14-204 or (ii) engaging in prostitution in violation of G.S. 14-204(7) for an offense that occurred prior to October 1, 2013. (2) Violent felony or violent misdemeanor. – […]
15A-145.7. (Effective until January 1, 2023) Expunction of records for first offenders under 20 years of age at the time of the offense of certain offenses. (a) Whenever a person is discharged, and the proceedings against the person dismissed, pursuant to G.S. 14-277.8, and the person was under 20 years of age at the time […]
15A-145.8. Expunction of records when charges are remanded to district court for juvenile adjudication. (a) Upon remand pursuant to G.S. 7B-2200.5(d), the court shall order expunction of all remanded charges. No person as to whom such an order has been entered shall be held thereafter under any provision of any law to be guilty of […]
15A-145.8A. Expunction of records for offenders under the age of 18 at the time of commission of certain misdemeanors and felonies upon completion of the sentence. [Effective until January 1, 2023] (a) A person, the district attorney, or an attorney at the request of a person eligible for expunction under this section, may file, in […]
15A-145.9. Expunctions of certain offenses committed by human trafficking victims. (a) Definition. – For purposes of this section, the following terms apply: (1) Nonviolent offense. – Any misdemeanor or felony except the following: a. A Class A through G felony. b. An offense that includes assault as an essential element of the offense. c. An […]
15A-146. (Effective until January 1, 2023) Expunction of records when charges are dismissed or there are findings of not guilty. (a) Dismissal of Single Charge. – If any person is charged with a crime, either a misdemeanor or a felony, or was charged with an infraction under G.S. 18B-302(i) prior to December 1, 1999, and […]
15A-147. (Effective until January 1, 2023) Expunction of records when charges are dismissed or there are findings of not guilty as a result of identity theft or mistaken identity. (a) If any person is named in a charge for an infraction or a crime, either a misdemeanor or a felony, as a result of another […]
15A-148. Expunction of DNA records when charges are dismissed on appeal or pardon of innocence is granted. (a) Upon a motion by the defendant following the issuance of a final order by an appellate court reversing and dismissing a conviction of an offense for which a DNA analysis was done in accordance with Article 13 […]
15A-149. (Effective until January 1, 2023) Expunction of records when pardon of innocence is granted. (a) If any person is convicted of a crime and receives a pardon of innocence, the person may petition the court in which the person was convicted on a form approved by the Administrative Office of the Courts supplied by […]
15A-150. Notification requirements. (a) Notification to AOC. – The clerk of superior court in each county in North Carolina shall, as soon as practicable after each term of court, file with the Administrative Office of the Courts the petitions granted under this Article, any orders of expunction, and the names of the following: (1) Persons […]
15A-151. Confidential agency files; exceptions to expunction. (a) The Administrative Office of the Courts shall maintain a confidential file for expungements containing the petitions granted under this Article and the names of those people for whom it received a notice under G.S. 15A-150. The information contained in the file may be disclosed only as follows: […]
15A-151.5. Prosecutor access to expunged files. (a) Notwithstanding any other provision of this Article, the Administrative Office of the Courts shall make all confidential files maintained under G.S. 15A-151 electronically available to all prosecutors of this State if the criminal record was expunged on or after July 1, 2018, under any of the following: (1) […]
15A-152. Civil liability for dissemination of certain criminal history information. (a) Duty to Delete Record. – A private entity that holds itself out as being in the business of compiling and disseminating criminal history record information for compensation shall destroy and shall not disseminate any information in the possession of the entity with respect to […]
15A-153. Effect of expunction; prohibited practices by employers, educational institutions, agencies of State and local governments. (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 […]