How Long Does a Criminal Conviction Stay on Your Record in North Carolina? 2025

If you have recently been charged with a crime, you may be wondering, “How long does a criminal conviction stay on your record in North Carolina?” The answer to this question is highly nuanced, as it will depend on what type of offense you have been found guilty of, whether or not expungement is up for consideration, and how long you wait to take legal action. While some convictions are permanent marks on your criminal history, others could be removed.

It’s important to learn more about criminal records in North Carolina and what options you have if you are looking to clear your record and move forward in life.

Expungement Eligibility and Waiting Periods

North Carolina has a set of expungement laws and waiting periods that all determine how long a conviction can remain on someone’s permanent record. These are outlined in the state’s Second Chance Act of 2020. Some of the most notable rules in this act include:

• A single, nonviolent misdemeanor can be eligible for expungement after 5 years of completing a sentence.
• If someone has multiple nonviolent misdemeanor charges, they are eligible after 7 years from their last sentence completion.
• This is bumped up to 10 years if someone has been charged with a single, nonviolent felony.
• If someone has two or three nonviolent felonies, their eligibility is raised to 20 years after the most recent conviction.

How to Get a Conviction Expunged in North Carolina

While having a criminal conviction expunged from your record can be a life-changing experience, it is a fairly involved process to make it happen. It’s important to understand each step to avoid making any mistakes that could jeopardize your chances of a clear record.
These steps include:

• Determine eligibility: Not every conviction will qualify for expungement, which is why it’s important to review your eligibility with your attorney. This is important to ensure you are not making a request too soon that does not have a chance of being approved.
• File a petition: Once you have verified you meet North Carolina’s expungement criteria, you will file a formal petition with the county court where your conviction occurred. This petition will require you to submit specific details about your case, personal information, and other supporting documentation. It’s critical to work with an attorney during this portion of the process, as any paperwork mistakes can delay your expungement.
• Pay applicable fees: Some expungements will require you to pay court filing fees. However, if you are expunging a dismissed charge or a not-guilty verdict, the process is typically free. Be sure to ask your attorney about this upfront so you’re aligned on the financial expectations.
• Attend a hearing: While not all expungements will require a formal hearing, some cases might require you to reappear in court. If this is true for your case, a judge will review your petition at this time. The prosecution will have a right to weigh in. This is why having your attorney present is equally as important, as they will be able to help combat anything the prosecution claims and verify you meet expungement criteria.
• Wait for approval: Sometimes, the expungement process can take several months before it is complete. This can be due to background checks and various administrative processing, which make it hard to anticipate how long it will truly take. If your request is approved, the conviction will be automatically removed from all public records. In most cases, you will now have the right to say the conviction never happened.

Once this process is complete, you can have a better chance at securing employment, accessing new housing, and just simply enjoying the peace of mind of knowing your record is clear. While the process can be lengthy, the possible outcome of a clean record is worth the time and effort.

FAQs

Q: How Can I Access Criminal Records in North Carolina?

A: You are able to access criminal records through the state’s public, self-service terminals located at any county clerk of court’s office. These terminals allow you to search for cases by defendant name, case number, or victim name. You can also view paper files for court cases if you visit the clerk’s office in the county where the case was handled. For eCourt counties, you can use the online portal to look up case information and relevant court records.

Q: What Information Is Available Through a Criminal Background Check in North Carolina?

A: Background checks can be accessed online to search, view, or email criminal records for yourself or others in any county across North Carolina free of charge. Within this, you can find information on pending cases, prior convictions, infractions, tax liens, evictions, and judgments. You can also have real-time access to the same information available at any courthouse to ensure that the data reflects the records also found in your local clerk’s office.

Q: Can a Criminal Record Prevent Me From Traveling Outside of the United States?

A: While a criminal record will not automatically prevent you from leaving the country, it can create problems depending on where you are traveling. Some countries do have strict policies in place that will deny visas or entry to individuals with certain convictions. This is especially true if you have a violent crime, such as aggravated assault, or drug-related offense on your record. If you want to travel abroad, it’s important to see if you qualify for expungement before doing so.

Q: Can I Clear My Record If I Have Multiple Convictions?

A: While it is more challenging to expunge multiple convictions when compared to those who have a single offense, it is still possible sometimes. North Carolina generally allows for the expungement of certain nonviolent convictions. Some individuals may qualify to have their records cleared if their convictions are from the same incident, while others might need to wait longer or explore other legal alternatives. Work with an attorney to see what options you have.

The Law Office of Michael D. Cleaves, PLLC – Iredell County Law Firm

If you are curious about your eligibility for expungement in North Carolina, contact our firm today. We will take a deep look into the details of your case and let you know what options you have to clear your record and move forward from the past.

See related posts:

• What Are Your Rights to Employment With a Previous Conviction?
• A Look at Criminal Justice Reform in North Carolina