Waiting Period Requirements
North Carolina law has required that a number of years pass before you could apply to expunge or remove a past criminal conviction from your record. The amount of time for a nonviolent misdemeanor has been 15 years. The revised law now will only require you to wait for five years before applying. The new law also shortens the amount of time you must wait to remove a felony conviction as well.
When does this waiting period time start to run? It is calculated from the date of a conviction or when you complete the terms of the sentence such as probation.
Which Records To Expunge?
In the past, there were limitations on the number of dismissals and/or findings of not guilty that you could expunge at one time. This often resulted in having to make tough decisions about what records were the most important to expunge.
The recent legislative change in law will allow individuals to ask that all dismissals and/or findings of not guilty be expunged. For those who have had to make tough decisions in the past, they will be able to file a new expungement request for remaining records that they were previously unable to expunge.
Can Violent Convictions Be Expunged?
Not all types of records are eligible for expungement. Due to the violent nature of some crimes, a charge or conviction will generally remain on your criminal record permanently.