EXPUNGEMENT LAWYER IN RALEIGH, CARY AND ALL OF WAKE COUNTY NC

NORTH CAROLINA EXPUNGEMENT ATTORNEY

Patrick Roberts Law is a criminal defense firm based in Raleigh, North Carolina. Expungement (clearing an arrest, charge, or conviction from your record) is one of the areas the firm handles for clients across Wake County and the surrounding region. From offices in Raleigh, Durham, Chapel Hill, and Cary, Attorney Patrick Roberts helps people determine whether North Carolina law allows their record to be expunged.

Whether a record can be cleared in North Carolina comes down to statute. There is no general "sealing" law here; every form of relief comes from specific eligibility grants in N.C. Gen. Stat. Chapter 15A, Article 5. That means the whole question is which section your situation fits and whether you meet its requirements. We work through that analysis with you and handle the filing from start to finish. The sections below explain the categories of expungement the firm handles and what the law requires for each.

Which Records Can We Help You Clear?

Can a Dismissed or Not-Guilty Charge Be Cleared?

Our law firm represents clients seeking to expunge charges that were dismissed or that ended in a not-guilty verdict. Under N.C. Gen. Stat. § 15A-146, a person whose charge is dismissed or who is acquitted may petition to expunge the record of that charge. This relief is not barred by prior convictions or prior expunctions. That feature distinguishes non-conviction relief from conviction relief. Where a single charge is dismissed or an acquittal is entered on all related charges, the relief is mandatory and no waiting period applies. This is by far the most common way records get cleared in North Carolina. Of the 1,418,282 total expunctions issued statewide in FY2024-25, the overwhelming majority were dismissed or acquitted charges, and 31,030 of those were petition-based dismissal or not-guilty expunctions. It matters here because North Carolina disposes of charges without a guilty finding at a high rate. Across roughly 15 million charges from 2014 to 2023, 80.6% ended with no finding of guilt.

North Carolina also now expunges many qualifying dismissals and acquittals automatically, without any filing, under § 15A-146(a4) as restructured by S.L. 2024-35. This generally happens about 180 to 210 days after final disposition. But automatic relief is not a substitute for legal review. A felony charge dismissed as part of a plea agreement is excluded from the automatic process and still requires a petition. Automatic expunctions also bypass the clerk-notification duties of § 15A-150, which can leave records at other agencies out of sync. The automatic system was paused for nearly two years and restarted on July 1, 2024. As the backlog cleared, automatic expunctions surged from 395,055 in FY2021-22 to 1,381,128 in FY2024-25. We confirm whether a charge qualified, whether it actually came off, and whether a petition is still needed.

Older Nonviolent Convictions: The Second Chance Act

The firm represents clients petitioning to expunge nonviolent misdemeanor and nonviolent felony convictions under N.C. Gen. Stat. § 15A-145.5. This is North Carolina's main adult "second chance" pathway. This section carries no age limit. It allows expunction after tiered waiting periods, measured from the later of the conviction or completion of the sentence, including probation and post-release supervision. As amended, the waits are three years for a single nonviolent misdemeanor and seven years for multiple misdemeanors. The three-year figure was reduced from five years by S.L. 2025-71, effective July 9, 2025. For felonies, the wait is 10 years for a single nonviolent felony (15 years for a felony breaking or entering under G.S. 14-54(a)) and 20 years for two or three nonviolent felonies.

The word "nonviolent" is doing real work. Section 15A-145.5(a) defines it to exclude Class A–G felonies, Class A1 misdemeanors, assault-element offenses, and certain sex-related and stalking offenses, along with specified drug-trafficking felonies and other exceptions. Eligibility also requires clearing bars such as a disqualifying prior conviction, an outstanding warrant or pending charge, unpaid restitution, and, with narrow exceptions, a prior § 15A-145.5 expunction. On top of that, the petitioner must show good moral character during the waiting period. This is a demanding, fact-specific analysis, and this pathway is used comparatively little. Only 3,599 nonviolent-conviction expunctions under § 15A-145.5 were issued statewide in FY2024-25. That is true even though research on people who are legally eligible for expungement finds just 6.5% obtain it within five years of becoming eligible. We map your convictions against the statute, calculate the waiting periods correctly, and build the record the court needs.

What If the Offense Happened When You Were Young?

Patrick Roberts represents clients seeking expunctions available to people who committed an offense at a young age. For these, North Carolina law generally requires first-offender status and imposes shorter waiting periods than the adult track. These provisions cover several distinct situations. Under-18 misdemeanors and underage-alcohol offenses fall under § 15A-145 (two-year wait). Drug first offenders not over 21 are covered by § 15A-145.2, and toxic-vapor first offenders by § 15A-145.3 (12-month wait, with a court-ordered program completed or waived). Under-18 nonviolent felonies other than Class A–G fall under § 15A-145.4 (four-year wait). And "Raise the Age" parity relief under § 15A-145.8A covers 16- and 17-year-olds convicted before December 1, 2019, allowing relief on completion of the sentence.

What If You Were a Victim or Wrongly Accused?

The firm represents clients whose eligibility comes from their status as a victim or from their innocence. North Carolina provides targeted relief in several situations. Section 15A-145.9 covers convictions that were a direct result of human-trafficking victimization (no waiting period, discretionary). Section 15A-145.6 covers prostitution convictions (three-year wait, no fee). Section 15A-147 applies where a dismissal or not-guilty resolution arose from identity theft or mistaken identity. Section 15A-149 applies following a pardon of innocence, with related DNA-record relief under § 15A-148. These pathways generally carry reduced or no waiting periods and no filing fee, and they typically require a hearing with notice to the district attorney. Trafficking relief remains discretionary even when the basic requirements are met.