Expunction after a dismissed charge

Who qualifies

A dismissal, a finding of not guilty, or a determination that there was no probable cause all generally qualify. This is one of the more straightforward expunctions available under North Carolina law, because it does not depend on how much time has passed or how many other charges you have had — it depends only on the outcome of this specific charge.

There is one significant limit: if the charge was dismissed as part of a plea agreement in which you pleaded guilty to a different charge arising from the same event, it may not qualify. The clerk of court can tell you how your case was recorded.

What it costs

There is no filing fee for a petition to expunge a dismissed charge or a not-guilty finding under this statute. Some counties charge a small fee for certified copies of the dismissal order, which you will need to attach to your petition.

How long it takes

Once filed, a petition typically takes several weeks to a few months, depending on the county. The court must confirm with the State Bureau of Investigation that its records match your petition before signing the order.

What remains visible afterward

An expunged record is removed from public record and from most background check systems. It does not disappear from every government database — certain law enforcement and court personnel retain limited access for specific purposes, such as determining whether you qualify for a later expunction. For nearly every practical purpose, including employment and housing applications, you may treat the matter as if it did not occur.

Upon entry of the order of expunction, the person shall be restored, in the contemplation of the law, to the status occupied before the arrest, indictment, or trial.

N.C.G.S. § 15A-146(a), condensed