How to Expunge a Criminal Record in North Carolina
- 1). Petition for expungement because you were found innocent. You are applying for expungement under North Carolina General Statute 15A-146. You will need form AOC-CR-264. You must provide personal information along with details from your case. You will attend a hearing where a judge will likely grant you expunction if you meet the criteria and don't have charges currently pending against you.
- 2). Apply for expunction of a misdemeanor committed when you were under 21. Your path to expunction falls under North Carolina General Statute 15A-145, and you will apply using form AOC-CR-264. There is a fee--$125 as of 2010--and you will need six affidavits to be attached to your application. Two are affidavits from yourself stating that you have had a clean record or "good behavior" for the past two years and that there are no outstanding civil judgments against you. Two are from non-relatives backing your character. The last two are from the court and verify that your record is clean and state the details of your case. You will have a hearing where the district attorney can fight your claim.
- 3). Apply for expunction after receiving a pardon. You will use form AOC-CR-265. The court will confirm that you have a pardon of innocence on record, and then your record will be destroyed.
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