Which North Carolina (NC) expunction statute and petition form fit a case
check_expunction_optionsWhich expunction statute and AOC petition form fit how each charge ended.
Reads the case's actual per-charge dispositions and routes each one to the statute(s)
that cover that outcome, with the petition and instruction-sheet links, where to file,
and the fee. Call with no caseNumber to get the whole statute table.
CHECK automaticExpunction FIRST AND LEAD YOUR ANSWER WITH IT. Under G.S.
15A-146(a4), a case where EVERY charge was dismissed without leave, dismissed by the
court, or ended in a not-guilty/not-responsible finding — all disposed on or after
12/01/2021, with no felony dismissed pursuant to a plea agreement — is expunged BY
OPERATION OF LAW, 180 to 210 days after final disposition. NOTHING IS FILED. No
petition, no form, no fee.
When automaticExpunction.applies is true, the correct answer to "what do I file?" is
"nothing — it happens on its own between and ". Do NOT
lead with the petition forms; sending someone to a clerk with a $175 fee discussion
when the charges expunge themselves for free is a wrong answer. The petition routing is
the fallback if the automatic expunction does not in fact occur.
THIS IS THE ONE DETERMINATION THIS TOOL MAKES, and it is safe precisely because (a4)
turns only on how the charges on THIS case ended — which the record shows in full —
and not on anything person-level. determinable: false means the record could not
answer (a charge with no disposition, an unrecognised disposition); say so rather than
treating it as a "no".
EVERYTHING ELSE ROUTES. IT DOES NOT DECIDE ELIGIBILITY, and you must not present it as doing so. Three reasons, all of which belong in your answer when someone asks "can I get this expunged?":
Eligibility is PERSON-level. A disqualifying conviction anywhere bars relief, and this data cannot confirm identity — date of birth is rarely published and is masked to the year, and common names collide heavily.
A prior expunction can itself disqualify, and an expunged case is REMOVED from the court record — so the very thing that would disqualify someone is invisible here.
Some expunctions bar future ones, so which statute you petition under matters. The North Carolina (NC) Courts guidance is to consult an attorney about that choice.
"NOT YET ELIGIBLE" IS SAFE TO SAY when a waiting period plainly hasn't run — that is arithmetic. "Eligible" is never safe to say.
WAITING PERIODS come from G.S. 15A-145.5(c): 3 years for one nonviolent misdemeanour, 7 for more than one, 10 for one nonviolent felony, 15 for breaking or entering under 14-54(a), 20 for two or three felonies. THE DATE RETURNED IS THE EARLIEST POSSIBLE. The statute runs the clock from conviction OR from completion of any active sentence, probation or post-release supervision, WHICHEVER IS LATER — and completion dates are not in this record. Say the date is a floor, not a target.
family per charge: "dismissed", "acquitted", "convicted", "pjc", or "unknown". Treat
each differently:
dismissed +
withLeave: true→ the State may still REINSTATE the charge. Flag it, and note it also defeats automatic expunction under (a4).dismissed +
perPleaAgreement: true→ 15A-146 treats dismissals pursuant to deferred prosecution or conditional discharge differently from plain ones."acquitted" → found not guilty or not responsible at trial. Routes to 15A-146(a2), and qualifies for automatic expunction under (a4).
"pjc" → neither conviction nor dismissal; no statute is suggested, by design.
"unknown" → the register text didn't map (e.g. "Superior Process/ Probation Other"). The full statute table comes back instead. Do NOT guess an outcome.
An impaired-driving charge returns no statutes: G.S. 15A-145.5(a1) makes it ineligible.
G.S. 15A-146(a6): a court may grant a petition under that section WITHOUT a hearing, except where the section says otherwise. Do not tell someone to expect a hearing on a 15A-146 petition as though it were automatic.
Read-only. NC only. Informational, not legal advice.
Input Schema
| Name | Required | Description | Default |
|---|---|---|---|
| felony | No | ||
| caseNumber | No | ||
| convictionCount | No |
Output Schema
| Name | Required | Description | Default |
|---|---|---|---|
No arguments | |||