Many people think of incarceration as a way to “repay a debt to society.” The idea is that once
someone serves their time, they should be able to start fresh, rebuild their life, and move forward. But for nearly two million North Carolinians with a legal history, that fresh start is anything but
guaranteed. Even after incarceration, they continue to face obstacles that make it nearly
impossible to fully reintegrate into society. A criminal record can follow someone for life,
limiting access to jobs, housing, education, and even basic civil rights.
What Are Collateral Consequences?
Collateral consequences are the legal and social barriers that stick with people long after they’ve
returned to their communities after incarceration. These barriers disproportionately affect
marginalized communities, trapping people in cycles of poverty, unemployment, and, too often,
re-incarceration. Some of the most common collateral consequences include:
● Employment: Many employers run background checks, and even highly qualified
candidates can be denied work because of their record.
● Securing Safe, Accessible & Affordable Housing: Public housing programs and private
landlords often reject applicants with a legal history, making stable housing hard to
obtain.
● Getting an Education: Some colleges and universities consider legal histories in their
admissions process, creating additional roadblocks for those trying to improve their lives.
● Losing Basic Rights: Having a record means losing the right to vote or serve on a jury.
● Facing Social Stigma: Beyond the legal barriers, having a record can carry a heavy
stigma, making it harder to reconnect with family, friends, and the community.
What is Expunction?
Expunction is a legal process that removes a criminal charge or conviction from someone’s
public record. In North Carolina, if an expunction is granted, the person can legally say the
expunged offense never happened in most situations.
Who Qualifies for Expunction in North Carolina?
Expunction law can be confusing and complicated. There are some requirements and a few
special circumstances that can impact someone’s ability to effectively navigate and understand
their eligibility. Before 2020, expunction access was severely limited. However, thanks to
changes in the law—especially the Second Chance Act, which took effect in December
2020—more people in North Carolina are eligible for expunction than ever before. Eligibility
depends on factors like:
● Age at the time of the offense: Some juvenile records can be expunged. The Raise the
Age Act provides guidance on which offenses that occurred when someone was 16 or 17
are eligible for expunction. There are some restrictions, such as motor vehicle offenses
and offenses that require someone to be placed on the registry.
● Type of offense: Non-violent misdemeanors and felonies may qualify, while violent
crimes, sex offenses, and certain drug charges usually do not. The most common types of
offenses that cannot be expunged are:
○ A-G felony convictions
○ A1 misdemeanor convictions
○ Offenses involving an element of assault
● Case outcome: If a charge was dismissed or resulted in a not-guilty verdict, it is
immediately eligible for expunction (except in a few limited circumstances). Automatic
expunction was reinstated in North Carolina in July 2023. This means that cases
dismissed on or after December 1, 2021, are automatically expunged within six months
of the resolution of the case.
● Waiting period: For eligible convictions, there are certain waiting periods before someone
can petition to have them expunged.
○ 1 misdemeanor: 5-year waiting period
○ More than 1 misdemeanor: 7-year waiting period
○ 1 felony: 10-year waiting period
○ More than 1 felony (up to 3): 20-year waiting period
This is not the complete guideline for eligibility—there are other factors to consider—but it’s a
place to start. There are certain special provisions for offenses like Felony Breaking and
Entering, which were previously considered “disqualifying” and ineligible for expunction until
December 2023. Now, this offense is expungeable but requires a 15-year waiting period.
It is incredibly important that if someone is interested in obtaining an expunction, they
speak with an attorney first. There are even provisions stating that someone may be unable to
petition to expunge additional convictions if they have already obtained a conviction expunction
once.
Expunction Changes Lives
A criminal record can shut people out of opportunities that most take for granted. Research has
shown that job applicants with a record are 50% less likely to get a callback. Many professional
licenses are not obtainable for someone with a legal history. This means that individuals
experience perpetual cycles of poverty that lead to homelessness, adverse health impacts, and
even re-incarceration.
Expunction is a tool to change that reality. A University of Michigan study found that people
who had their records expunged saw a 23% increase in wages within a year. And contrary to
what some assume, those who get their records cleared are less likely to reoffend than those still
carrying the burden of a legal history.
The Problem: Access & Awareness
Despite the benefits, many people who qualify for expunction never apply—either because they
don’t know they’re eligible or because the process is too complicated and expensive. The
application itself can be confusing, and legal fees can put it out of reach for those who need it
most.
Some expunction statutes are severely underutilized, especially statutes like 15A-145.9, or
Expunctions of Certain Offenses Committed by Human Trafficking Victims, because of the strict
definitions that must be met. Sometimes, even understanding the eligibility requirements can be
a very daunting task.
With the introduction of eCourts, a new record and filing system being implemented in every
North Carolina courthouse, new challenges are arising. eCourts require that petitions be filed via
the online portal. Issues of access to technology and the difficulty of navigating a complex
system can present barriers for individuals pursuing an expunction on their own. It will also take
additional time for courthouse staff and individuals in the legal profession to adjust to the new
system. While generally, individuals who are seeking to represent themselves may still file the
“old-fashioned” way—by mail or in person—it will take time for the impacts of eCourts on
access to judicial processes to be fully evaluated.
That’s where nonprofits and pro bono attorneys step in. They help people navigate the system
and file for expunction, giving them a real chance at a fresh start. Second Chance Wilmington, a
special project of Legal Aid of North Carolina, has been providing expunction services to New
Hanover County since 2022 and has helped hundreds of New Hanover County residents expunge
thousands of cases from their records at no cost. Reentry programs, like LINC and Local Reentry
Councils also support individuals with accessing networks of resources that are critical in
ensuring access to the support and services justice-involved individuals need.
The Bottom Line: Expunction Gives People a True Second Chance
Expunction is one of the most effective tools for criminal justice reform. It gives people a fair
shot at rebuilding their lives—helping them secure stable jobs, find housing, pursue an
education, and contribute to their communities. It’s also good for society as a whole: when
people can fully reintegrate, we see lower recidivism rates, stronger economies, and healthier
communities.
No one should be defined by their worst mistake for the rest of their life. Expanding access to
expunction isn’t just about justice; it’s about fairness, opportunity, and making sure that when
people earn a second chance, they actually get one.
Telesa Jones
Second Chance Project Paralegal
Legal Aid of North Carolina
Disclaimer: I am not an attorney. I work under the supervision of and in conjunction with an
attorney licensed by the North Carolina State Bar. This blog post should be regarded as legal
information and not legal advice. Please speak to a licensed and qualified attorney regarding
your individual and specific circumstances.