Want to Clear Your Record in Raleigh?
A criminal record can block job opportunities, housing applications, and professional licenses long after your case is closed. Meet with a Raleigh expungement attorney who can determine your eligibility and guide you through the process of clearing your record. Reach out to us and schedule your consultation today.
If you have a criminal record in North Carolina, you know that an arrest or conviction follows you everywhere. Job applications are rejected before you get an interview. Rental applications denied. Professional licenses blocked. Educational opportunities lost. Your past mistake has become a life sentence that punishes you long after you’ve paid your debt to society.
At DeMent Askew Johnson & Marshall, we’ve helped numerous clients in Raleigh and throughout North Carolina clear their records through expungement. We understand that you’re not defined by your worst moment, and we know how to navigate North Carolina’s complex expungement laws to give you a fresh start.
Your future doesn’t have to be held hostage by your past. The right expungement strategy can open doors that have been closed for years and restore opportunities you thought were gone forever.
North Carolina’s Expungement Laws
North Carolina’s expungement laws have undergone significant changes in recent years, creating new opportunities for people to clear their records. Under various North Carolina General Statutes (primarily Chapter 15A, Article 5), expungement allows eligible individuals to have arrests, charges, and even some convictions removed from their criminal record.
What Expungement Actually Does:
- Removes records from public criminal databases
- Seals court files from public access
- Allows you to legally deny the arrest or conviction occurred in most situations
- Restores civil rights that may have been lost due to conviction
- Eliminates barriers to employment, housing, and education
What Expungement Does NOT Do:
- Cannot expunge certain serious felonies like murder or rape
- Does not restore gun rights for felony convictions (separate process required)
- May still appear in certain government background checks
- Cannot expunge DWI convictions (North Carolina does not allow DWI expungements)
Types of Expungements Available in North Carolina
North Carolina offers several different expungement pathways depending on your specific situation:
Dismissals and Not Guilty Verdicts (N.C.G.S. § 15A-146)
Eligibility:
- Charges that were dismissed
- Not guilty verdicts after trial
- No waiting period required
- No limit on number of expungements
This is often the easiest type of expungement since you were never actually convicted.
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First-Time Non-Violent Felony Convictions (N.C.G.S. § 15A-145.5)
Eligibility Requirements:
- Only one felony conviction in your lifetime
- Conviction must be non-violent (Class H or I felony)
- At least 10 years since completion of sentence
- No other felony or misdemeanor convictions
- Must have no pending charges
Common Examples:
- Drug possession charges
- Non-violent property crimes
- White-collar offenses
- Some theft-related charges
First-Time Non-Violent Misdemeanor Convictions (N.C.G.S. § 15A-145.5)
Eligibility Requirements:
- Only one misdemeanor conviction in your lifetime
- Conviction must be non-violent
- At least 5 years since completion of sentence
- No other felony or misdemeanor convictions
- Must have no pending charges
Common Examples:
- Simple possession of marijuana
- Minor theft charges
- Disorderly conduct
- Some traffic offenses
For convictions occurring before age 18 or within a two-year period:
- May expunge multiple non-violent misdemeanors
- May expunge multiple non-violent felonies if they occurred within same two-year window
- 5-year waiting period for misdemeanors, 10 years for felonies
- Must meet other eligibility requirements
Special expungement for certain drug offenses:
- First-time convictions for drug possession
- Must be at least 21 years old or one year since conviction
- Limited to specific controlled substance violations
- Cannot have other drug convictions
For underage drinking and alcohol-related offenses:
- Must be at least 21 years old
- Only applies to offenses committed while under 21
- No other alcohol-related convictions
- Includes underage drinking, fake ID, and related charges
The Hidden Costs of an Uncleared Criminal Record
A criminal record creates barriers that cost you money, opportunities, and peace of mind for decades:
Employment Devastation:
- 87% of employers conduct criminal background checks
- Average income loss of $15,000-25,000 annually with a criminal record
- Automatic disqualification from most professional positions
- Career advancement blocked due to management restrictions
- Professional license denials in healthcare, education, finance, and law
Housing Discrimination:
- Rental application rejections from most property management companies
- Higher deposits required when applications are accepted
- Exclusion from public housing and housing assistance programs
- Homeowner’s insurance complications affecting mortgage applications
Educational Barriers:
- College admission complications requiring lengthy explanations
- Scholarship and financial aid disqualification
- Professional school admission barriers for law, medicine, and other fields
- Graduate program limitations affecting career advancement
Professional and Personal Impact:
- Volunteer opportunities restricted with youth organizations and charities
- Child custody complications in family court proceedings
- Immigration consequences for non-citizens
- Social stigma affecting personal relationships and community standing
Financial Consequences:
- Higher insurance premiums for auto and professional liability coverage
- Bonding restrictions for employment requiring surety bonds
- Small business loan difficulties affecting entrepreneurial opportunities
- Security clearance denials eliminating government contractor opportunities
The Expungement Process in North Carolina
North Carolina expungement follows a specific legal process that requires precise attention to detail:
Initial Evaluation
- Complete background check to identify all records
- Eligibility assessment under current North Carolina law
- Strategy development for complex cases with multiple records
- Timeline establishment for waiting periods and filing deadlines
Petition Preparation
- Detailed legal petition meeting all statutory requirements
- Supporting documentation compilation
- Court filing in appropriate jurisdiction
- Service of process on required parties
Investigation Period
- Background investigation by the North Carolina Department of Public Safety
- Prosecutor review and potential objection period
- Additional documentation if requested by the court
- Response to objections if any arise
Court Hearing
- Judicial presentation of your case for expungement
- Evidence presentation supporting your petition
- Legal argument addressing any concerns
- Final order preparation if expungement is granted
Record Destruction
- Court order distribution to all agencies holding records
- Follow-up verification that records are actually destroyed
- Private database notification to background check companies
- Confirmation documentation for your records
Why These Cases Require Specialized Legal Experience
Expungement law is complex and unforgiving—mistakes can permanently put your eligibility at stake:
Technical Requirements:
- Precise statutory compliance with multiple different expungement laws
- Exact timing calculations that can disqualify you if wrong
- Proper court jurisdiction selection
- Complete documentation requirements
Strategic Considerations:
- Charge classification affects which expungement statute applies
- Timing decisions about when to file for maximum benefit
- Multiple record coordination for people with complex histories
- Collateral consequence analysis beyond just record clearing
Common Pitfalls:
- Filing too early before waiting periods are complete
- Missing eligible charges due to incomplete record searches
- Improper petition preparation leading to denials
- Failure to address prosecutorial objections effectively
Wake County Courthouse
Handles civil and criminal matters in Wake County
- Address: 300 S Salisbury St, Raleigh, NC 27601
- Hours: M-F 8:30 A.M.-5 P.M.
- Phone:(919) 792-4000
The DeMent Askew Johnson & Marshall Advantage in Expungement Cases
When you choose our firm for your expungement case, you benefit from:
- Decades of combined experience with North Carolina expungement law
- Former prosecutors who understand how the state evaluates expungement petitions
- Comprehensive record research using professional databases and investigative resources
- Strategic case development maximizing your chances of success
- Proven track record of successful expungements for complex cases
- Personal attention that recognizes the life-changing impact of clearing your record
- Statewide practice handling expungements in all North Carolina counties
What to Do Right Now If You Want to Clear Your Record
If you’re tired of your criminal record limiting your opportunities, take these critical steps:
Gather Your Information
- Collect all documentation about your arrests, charges, and convictions
- Obtain copies of court records, sentencing documents, and completion certificates
- Calculate time periods since your last conviction or sentence completion
- List all employment, education, and housing rejections due to background checks
Avoid Common Mistakes
- Don’t file expungement petitions without professional legal review
- Don’t assume you’re ineligible based on limited online information
- Don’t wait unnecessarily if you may already be eligible
- Don’t attempt complex cases without experienced legal counsel
Professional Legal Evaluation
- Contact our office immediately for a comprehensive eligibility assessment
- Bring all documentation to your consultation for complete analysis
- Discuss your goals so we can develop the best strategy for your situation
- Understand the timeline for your specific case
The sooner we can begin evaluating your case, the sooner you can start the process toward clearing your record and reclaiming your future.
Don’t Let Your Past Define Your Future—Contact Our Raleigh Expungement Lawyers Today
At DeMent Askew Johnson & Marshall, we understand what’s at stake when you’re seeking to clear your criminal record. Your career. Your housing options. Your peace of mind. Your family’s future.
Our experienced expungement attorneys have helped clients across North Carolina successfully clear their records and move forward with clean slates.
The consultation is completely confidential.
Call us now or complete our online contact form to schedule your expungement evaluation. Don’t spend another day letting your past limit your future.
Serving clients seeking expungement in Raleigh, Durham, Orange, Carteret, and Chatham Counties, and throughout North Carolina.
Areas served
Wake County
- Raleigh
- Cary
- Apex
- Morrisville
- Garner
- Holly Springs
- Fuquay-Varina
- Wake Forest
- Rolesville
- Knightdale
- Wendell
- Zebulon
Carteret County
- Beaufort
- Morehead City
- Atlantic Beach
- Emerald Isle
- Newport
Durham County
Orange County
- Chapel Hill
- Carrboro
- Hillsborough
Chatham County
Johnston County (Smithfield courthouse only)
FAQs
Can I expunge a DWI conviction in North Carolina?
No. North Carolina does not allow expungement of DWI convictions under any circumstances. This includes first-time DWI offenses, old DWI convictions, and DWI charges that were reduced to other offenses. If your DWI charge was dismissed or you were found not guilty, however, you can expunge the arrest record.
How long do I have to wait before I can file for expungement?
It depends on the type of conviction and expungement:
- Dismissals/Not Guilty: No waiting period
- First-time misdemeanor: 5 years after completing sentence
- First-time non-violent felony: 10 years after completing sentence
- Drug possession convictions: 1 year or reaching age 21, whichever is later
- Underage alcohol offenses: Must be at least 21 years old
The waiting period begins when you complete your entire sentence, including probation, parole, and payment of all fines and restitution.
Will expungement remove my record from all background checks?
Mostly, but not completely. Expungement removes records from public databases used by most employers, landlords, and schools. However, records may still appear in:
- Federal background checks for certain government positions
- Immigration proceedings
- Applications for law enforcement positions
- Some professional licensing board reviews
- Court proceedings where criminal history is relevant
Can I expunge multiple convictions at the same time?
Sometimes. You can expunge multiple charges if they:
- Were all dismissed or resulted in not guilty verdicts
- All occurred before you turned 18
- All occurred within a two-year period and are non-violent
- Are all eligible under the same expungement statute
Each situation is different, so it’s important to have an experienced attorney evaluate your complete criminal history.
How much does expungement cost?
Filing fees for expungement petitions are typically $175 per petition, paid to the court. Attorney fees vary based on the complexity of your case, but the investment is usually recovered quickly through improved employment opportunities. Many clients see salary increases of $15,000-25,000 annually after successful expungement.
What if my expungement petition is denied?
Denials can often be appealed or refiled depending on the reason for denial. Common reasons for denial include:
- Filing before waiting periods are complete
- Failing to meet eligibility requirements
- Incomplete documentation
- Prosecutorial objections
An experienced expungement attorney can often address these issues and file a new petition or appeal the denial.
Can I apply for jobs while my expungement is pending?
Yes, but be cautious about how you answer background check questions. Until your expungement is granted, your conviction still exists and may appear on background checks. Some attorneys recommend waiting until expungement is complete before applying for positions requiring extensive background checks, while others suggest being proactive about job searching. We can advise you on the best strategy for your specific situation.
Will expungement restore my gun rights?
Not automatically. Expungement removes the conviction from your record, but federal gun rights restoration requires a separate process. For felony convictions, you typically need to:
- Complete the expungement process first
- Apply for restoration of civil rights
- Potentially seek federal firearms rights restoration
This is a complex area of law that requires specialized legal guidance.
How long does the expungement process take?
Typically 4-8 months from filing to final order, depending on:
- Court schedules in your jurisdiction
- Whether the prosecutor objects
- Complexity of your case
- Background investigation timeline
We can provide more specific timelines based on your particular court and circumstances.
What should I do if employers ask about expunged convictions?
After a successful expungement, you can legally answer “no” to most questions about criminal convictions. However, there are limited exceptions for certain government positions, law enforcement jobs, and some professional licenses. We provide detailed guidance on how to handle employment applications after expungement to ensure you’re protected while remaining honest where required by law.
