Expungements Available to Minors and Individuals under 21 Years of Age at the Time of Offense

Misdemeanors committed by minors; possession of alcohol by individual less than 21 years old. A person may be entitled to the expungement of a misdemeanor which occurred prior to their 18th birthday, or of a conviction of possession of alcohol by a person under 21.

Gang related offenses (under Chapter 14, Article 13A) committed by minors. A person who is less than 18 years old, and is found guilty of any offense found in the North Carolina Street Gang Suppression Act may be eligible for an expungement.

Drug Offenses committed by individuals less than 21 years old. A person may be entitled to an expungement of convictions related to the possession of controlled substances and related paraphernalia, when the offense was committed prior to the person’s 21st birthday.

Some other Requirements for the above expungement categories

The expungement procedures for the offenses described above may also include required affidavits of good character from the petitioner (the person obtaining the expungement), two unrelated individuals, the clerk of superior court, the chief of police or even the sheriff.

Possible Disqualifications

• Previous expungement
• Any other felony or misdemeanor conviction

Effect

• Records are wiped at AOC, all law enforcement agencies in the state, DMV.
• Legally, you do NOT have to say you were ever arrested or stood trial for the expunged offense.

Expungement of Charges Dismissed or Found Not Guilty

What is being expunged?

A felony or misdemeanor that was either dismissed, found not guilty, or not responsible (only for infractions under G.S. 18B-302(i), and prior to December 1, 1999).

• Can consolidate offenses within the same 12 month period OR
• Can consolidate offenses disposed of in the same TERM of court.

Disqualifications

• Previous Expungement (entitled to one in your lifetime).
• Any felony conviction in any State.

Effect

• Records are wiped at the North Carolina Administrative Office of the Courts, at all law enforcement agencies in the state, and at the NC Department of Motor Vehicles.

Legally, you do NOT have to say you were ever arrested or stood trial for the expunged offense.

This website is posted for informational purposes only and nothing on this website is to be construed as legal advice.  Your situation is unique, and requires personal advice from an attorney.  Nothing on this website is to be construed to create an attorney-client relationship between you the reader, and the publisher of this website.