North Carolina Affidavit in Support of Motion to Order Expungement of Criminal Record

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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

The attorney fee is typically $1,200 and the process can take 6-12 months to finalize. The motion to expunge must be filed in the county and state where the charge originated. If the charge was from outside North Carolina then you must contact an attorney from that state.

Violent misdemeanors (assault with a deadly weapon, child abuse, and others), Class A felonies (murder and others), and felonies requiring sex offender registration (sexual battery, human trafficking, incest, and more), are among those that are never eligible for expunction in North Carolina.

Is there a fee for expungements? There is a $175 filing fee for certain expungements. Please see below for information on which expungements require this filing fee. You can file a fee waiver form with the court if you meet certain criteria.

Do I need a lawyer to expunge my record? You need a lawyer to expunge a charge. While a lawyer is not required in NC, the expungement process is lengthy and extremely complicated. To file, you must do so under the applicable statute, using the correct AOC form, fill it out and potentially go to Court.

The criminal records that can generally be expunged in North Carolina include, but are not limited to: Up to three non-violent felony convictions. Non-violent misdemeanor convictions. First-time convictions for certain offenses before age 18 or 22. Any charge that resulted in a not guilty verdict.

A petition for expunction should be filed with the clerk of court in the county where you were charged or convicted.

Legal Aid of North Carolina has several programs that can help qualified people to get expunctions. You can call our helpline at 1-866-219-5262 or apply online to get help preparing the paperwork you need to file your own expunction anywhere in the state.

New Expungement laws in NC Reduce the wait period to expunge certain misdemeanor convictions from 15 years to 5 years. Reduce the wait period to expunge certain felony convictions from 15 years to 10 years. Law enforcement and prosecutors will now have access to expungement records under this new law.

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North Carolina Affidavit in Support of Motion to Order Expungement of Criminal Record