Everything You Want to Know
About Getting Your NC Record
Cleared.

Almost certainly yes. Under G.S. 15A-146, any charge that was dismissed — by the DA, the judge, or after a not guilty verdict — qualifies for expungement. The key word is "dismissed." If it didn't result in a conviction, it shouldn't follow you forever.

The eligibility rules are more permissive for dismissed charges than for convictions. There's no waiting period. You can file as soon as the case is closed. You don't have to be a first-time offender. Multiple dismissed charges on the same case can often be expunged together.

You still qualify — but a $175 court filing fee applies. Under G.S. 15A-146(d), when a dismissal is conditioned on completing something (community service, driving school, mediation, drug class, any program), it's classified as a "deferral." The statute requires a fee to file the expunction petition.

There's a free alternative: wait 180 days from the dismissal date. After 180 days, the auto-expunction process kicks in and your record is cleared at no cost — no petition to file, no fee, nothing to submit.

• Need it cleared now (job, apartment, professional license)? → File and pay the $175 court fee plus attorney fee.
• Can wait a few months? → Let auto-expunction handle it for free.

Yes, and it's one of the cleanest expunction paths. G.S. 15A-146(b) covers not guilty verdicts specifically. No filing fee. No waiting period. You can petition immediately after the verdict is entered. The logic is simple: if the court said you didn't do it, it shouldn't be on your record.

For dismissed charges under G.S. 15A-146, a prior conviction does not disqualify you. The dismissed charge expunction statute is separate from the conviction expunction statutes, which have stricter eligibility requirements. As long as the specific charge you want expunged was dismissed, a prior conviction on a different matter doesn't block the petition.

However, you must disclose prior expunctions on the petition — and depending on what was previously expunged, there may be limits. The eligibility check covers this.

For dismissed charges under G.S. 15A-146, yes — there is no statutory prohibition on multiple expunctions of dismissed charges. NC law (as amended in 2017 and updated since) is more generous here than many people think.

The one-expunction-per-lifetime rule applies to certain conviction-based expunctions — not to dismissed charge expunctions. Multiple dismissed charges, even from different cases, can each be expunged.

No — there's no deadline. G.S. 15A-146 has no statute of limitations on filing the petition. A charge dismissed 10 years ago is just as eligible as one dismissed last month.

That said, if your deferral-based dismissal was more than 180 days ago, the auto-expunction process may have already cleared the record — though you'd want a court order to confirm it. Our eligibility check calculates this based on your dismissal date.

Two components: a court filing fee (if applicable) and an attorney fee.

• Court filing fee: $0 for unconditional dismissals and not guilty verdicts. $175 for deferral-based dismissals (cases where you completed a condition before dismissal).
• Attorney fee at ClearMyNCRecord.com: $350 flat fee. No hourly billing. No hidden charges. That's the full cost.
• Total for most cases: $350 (no filing fee) or $525 (attorney fee + $175 court cost).

The NC General Assembly drew a line between two types of dismissed cases under G.S. 15A-146:

• Unconditional dismissals (no fee): The State dismissed the charge outright — because of weak evidence, a witness problem, a procedural issue, or any other reason that had nothing to do with what the defendant did. The law treats these as "nothing happened."
• Deferral-based dismissals ($175 fee): The dismissal was conditioned on the defendant completing something — community service, a class, treatment, mediation. G.S. 15A-146(d) classifies these as "deferred prosecution agreements" and requires a fee.

The Office of General Counsel has confirmed this applies to both formal and informal deferrals — including cases where the prosecutor's notation just says "dismissed upon successful completion of [anything]."

Yes — auto-expunction under G.S. 15A-146 applies to many dismissed charges automatically after a certain period without any filing required.

For deferral-based dismissals: the 180-day window is the relevant threshold. After 180 days from the dismissal date, auto-expunction may occur with no fee and no petition.

The catch: auto-expunction doesn't generate a court order. So while the record may be gone from the AOC database, background check companies often run on older data and take time to update. A filed petition and signed Order of Expunction is the only way to give a landlord or employer provable, official documentation that your record is clear.

The primary form for dismissed charge expunctions is AOC-CR-264 — "Petition and Order for Expunction of Records" under G.S. 15A-146. You can generate a personalized preview of this form → using our free wizard.

In addition to CR-264, the statute requires you to attach:

• A statement that you have no prior expunctions (or disclosing prior ones)
• The court's dismissal order or docket notation showing the charge was dismissed
• Proof of filing fee payment (if applicable)

When we handle your case, we pull the court records directly and prepare the complete petition package. You don't need to gather anything.

No. Expunction petitions for dismissed charges are handled on the papers — the judge signs the Order without a hearing in the vast majority of cases. You do not appear. Your attorney files, the DA is notified (required by statute), and if there are no objections, the order is entered.

If the DA objects (rare for dismissed charges), a hearing may be scheduled. In practice, for unconditional dismissals and standard deferral cases, this almost never happens.

Typically 4 to 12 weeks from filing to signed Order, depending on the county. Wake County runs faster than more rural counties. The timeline breaks down roughly as:

• 1–2 weeks: petition preparation and filing
• 2–4 weeks: DA review period (required by statute)
• 1–4 weeks: judge signature and order entry
• 2–4 weeks: record clearance propagates to SBI, AOC, and background check agencies

After the Order is entered, background check companies (LexisNexis, Checkr, Sterling, etc.) typically update within 30–90 days. The AOC database updates faster.

Once the petition is filed with the Clerk of Superior Court:

• The Clerk notifies the DA — the DA has the statutory right to object
• The petition is submitted to the judge assigned to the criminal docket
• If no objection: the judge signs the Order of Expunction
• The Order is served on the SBI, AOC, any relevant law enforcement agencies, and private background check companies named in the order
• Each agency must destroy or seal the records as directed by the Order

We notify you when the Order is entered and provide a copy of the signed Order for your records.

Yes. We pull your court records directly from the AOC system using your name, date of birth, and county — you don't need to have kept any paperwork. If you know the approximate date and county of the charge, we can find it.

You can also look up your own case at nccourts.gov using eCourts public access.

When a court enters an Order of Expunction, the charge is removed from all public court records, law enforcement files, and the SBI criminal database. In practical terms:

• The AOC (NC Administrative Office of the Courts) deletes or seals the record
• The SBI (State Bureau of Investigation) removes it from the criminal history file
• Law enforcement agencies must destroy or return their copies
• Private background check companies are served with the Order and must comply

After expungement, you can legally answer "no" when asked if you have been arrested or charged on most job applications, housing applications, and professional licensing forms — with certain exceptions.

After expungement, employers running standard background checks through Checkr, Sterling, HireRight, or similar services will not see the expunged charge. Those companies update their databases when they receive the Order of Expunction.

Two exceptions worth knowing:

• Law enforcement and criminal justice employers: Expunged records remain visible to law enforcement agencies for purposes of subsequent criminal proceedings.
• Stale data: Some background check companies hold older data longer than others. If you're in an active job search, getting the Order entered quickly means the data is updated before the employer runs the check.

If your firearm rights were affected by a conviction (not just a charge), expungement of a dismissed charge won't change that — because the dismissed charge was never what triggered the disability. Gun rights in NC are affected by convictions, not dismissed charges.

If you have a conviction that affected your gun rights, that's a separate expunction path (and a different analysis). Contact us and we can walk through the options for your specific situation.

Under G.S. 15A-145 et seq., after an expunction is granted, you are legally entitled to state that you were not arrested, charged, or convicted of the expunged offense in most contexts.

This includes: job applications (private employers), housing applications, professional licensing applications, and most government employment applications.

Exceptions where the expunged record may still be required to be disclosed:

• Applications to law enforcement agencies
• Applications for certain firearms-related licenses
• Federal employment applications (the federal government has its own rules)
• Applications that specifically ask about expunged records

Yes — the AOC-CR-264 is a public form and you can file it yourself. The Clerk of Superior Court will accept a pro se (self-represented) petition.

Where people go wrong filing pro se:

• Getting the basis wrong (deferral vs. unconditional) and triggering a fee they didn't expect
• Missing the DA notification requirement — the statute requires specific service procedures
• Listing the wrong offense name or file number (the AOC requires exact matching)
• Failing to attach required documents, causing the petition to be rejected
• Not knowing that some counties have local filing procedures on top of the standard form

None of these are insurmountable. But a rejected petition means starting over, which delays clearance and sometimes costs you an opportunity.

File with the Clerk of Superior Court in the county where the charge was originally filed — not where you live now. If you had charges in multiple counties, you file a separate petition in each county.

Wake County: Wake County Courthouse, 316 Fayetteville St, Raleigh, NC 27601. Criminal Division.

For other counties, find the courthouse at nccourts.gov/locations.

According to the NC Justice Center's 2023 Summary of North Carolina Expunctions, more than 90% of people who qualify for expunction relief in NC never receive it.

The reasons, based on research:

• They don't know they qualify. Most people assume a dismissed charge "doesn't count" and never think to have it expunged. It still shows up.
• They don't know how to file. The process involves the right forms, the right county, the right fee, proper DA service, and patience. It's not hard but it's not obvious either.
• They can't afford an attorney — or think they can't. At $350 flat, the math usually works. A single rejected job application or denied apartment costs more than the expunction fee.
• They assume it's automatic. It's not — unless you wait for auto-expunction. And even then, you won't have the court order that proves it.

$350 flat fee for attorney representation. No hourly billing. No retainer. No surprise charges. The $175 court filing fee (if applicable to your case) is separate — it goes to the Clerk of Court, not to us.

What's included: eligibility confirmation, petition preparation, filing with the Clerk, DA notification, judge coordination, and a copy of your signed Order of Expunction when it's entered.

All 100 NC counties. No court appearance required from you.

Daniel T. Barker, Esq. — Principal attorney, Barker Richardson, PLLC, Raleigh, NC. 30+ years of active NC practice in criminal defense, civil litigation, and estate matters.

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