The link that should have been given is:
http://www.uslegalforms.com/lawdigest/expungement-criminal-records-law.php/NC/NC-EXP.htm
Also will add:
North Carolina limits expungements to situations where charges are dismissed, or a defendant is found not guilty.
From North Carolina General Statutes § 15A‑146.
(a) 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 the charge is dismissed, or a finding of not guilty or not responsible is entered, that person may apply to the court of the county where the charge was brought for an order to expunge from all official records any entries relating to his apprehension or trial. The court shall hold a hearing on the application and, upon finding that the person had not previously received an expungement under this section, G.S. 15A‑145, or G.S. 90‑96, and that the person had not previously been convicted of any felony under the laws of the United States, this State, or any other state, the court shall order the expunction. 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 perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of his failure to recite or acknowledge any expunged entries concerning apprehension or trial.
(b) The court may also order that the said entries shall be expunged from the records of the court, and direct all law‑enforcement agencies bearing record of the same to expunge their records of the entries. The clerk shall forward a certified copy of the order to the sheriff, chief of police, or other arresting agency. The sheriff, chief or head of such other arresting agency shall then transmit the copy of the order with the form supplied by the State Bureau of Investigation to the State Bureau of Investigation, and the State Bureau of Investigation shall forward the order to the Federal Bureau of Investigation. The costs of expunging these records shall not be taxed against the petitioner.
(b1) Any person entitled to expungement under this section may also apply to the court for an order expunging DNA records when the person's case has been dismissed by the trial court and the person's DNA record or profile has been included in the State DNA Database and the person's DNA sample is stored in the State DNA Databank. A copy of the application for expungement of the DNA record or DNA sample shall be served on the district attorney for the judicial district in which the felony charges were brought not less than 20 days prior to the date of the hearing on the application. If the application for expungement is granted, a certified copy of the trial court's order dismissing the charges shall be attached to an order of expungement. The order of expungement shall include the name and address of the defendant and the defendant's attorney and shall direct the SBI to send a letter documenting expungement as required by subsection (b2) of this section.
(b2) Upon receiving an order of expungement entered pursuant to subsection (b1) of this section, the SBI shall purge the DNA record and all other identifying information from the State DNA Database and the DNA sample stored in the State DNA Databank covered by the order, except that the order shall not apply to other offenses committed by the individual that qualify for inclusion in the State DNA Database and the State DNA Databank. A letter documenting expungement of the DNA record and destruction of the DNA sample shall be sent by the SBI to the defendant and the defendant's attorney at the address specified by the court in the order of expungement.
(c) The Clerk of Superior Court in each county in North Carolina shall, as soon as practicable after each term of court in his county, file with the Administrative Office of the Courts, the names of those persons granted an expungement under the provisions of this section and the Administrative Office of the Courts shall maintain a confidential file containing the names of persons granted such expungement. The information contained in such files shall be disclosed only to judges of the General Court of Justice of North Carolina for the purpose of ascertaining whether any person charged with an offense has been previously granted an expungement. (1979, c. 61; 1985, c. 636, ss. 1‑7; 1991, c. 326, s. 1; 1997‑138, s. 1; 1999‑406, s. 9; 2001‑108, s. 2; 2001‑282, s. 1; 2002‑126, s. 29A.5(c).)
Posted: Wed Aug 24, 2005 1:55 pm Post subject: North Carolina Expungement Law
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If you don't qualify for expungement you can seek a pardon - but it's not the same as having your record expunged:
North Carolina Pardon Law wrote:
Pardon - may be granted to those individuals who have maintained a good reputation in their community, following the completion of their sentence for a criminal offense. Ordinarily, an applicant must wait to apply until at least five years have elapsed since the applicant was released from State supervision (including probation or parole). A Pardon is merely an official statement attached to the criminal record that states that the State of North Carolina has pardoned the crime.
A Pardon does not expunge or erase a criminal record. Under the North Carolina Constitution, the Executive Branch does not have the authority to expunge a criminal record. The Judicial Branch handles the process of expungement that clears an individual's criminal record pursuant to North Carolina General Statutes § 15A-145 and 146 and 149. An individual would need to contact an attorney of their choice to pursue expungement of a criminal record through the Judicial System.
There are three types of Pardons:
Pardon of Forgiveness – Pardon most frequently requested. The Pardon basically states that the individual has been pardoned and forgiven of their criminal conviction. This Pardon is granted with certain conditions.
Pardon of Innocence – Pardon granted when an individual has been convicted and the criminal charges are subsequently dismissed. Application for this type of Pardon allows an individual to petition the Governor for a declaration of innocence when the individual has been erroneously convicted and imprisoned and later determined to be innocent. In such cases where this Pardon is granted, an individual is allowed to seek compensation from the State. Please refer to N.C.G.S. § 148-82, regarding Provision for Compensation and N.C.G.S. § 148-84, regarding Evidence; Action by Industrial Commission; Payment and Amount of Compensation.
Unconditional Pardon – Pardon granted primarily to restore an individual’s right to own or possess a firearm. This Pardon is granted without any conditions or restrictions.
