Benitez Family Law

Can I ClearMy Record?

In many cases, yes. North Carolina allows expunction of dismissed charges, acquittals, and certain convictions after a waiting period.


What qualifies

  • Dismissed charges or not-guilty verdicts (N.C. Gen. Stat. § 15A-146). No waiting period in most cases.
  • Nonviolent misdemeanor convictions (§ 15A-145.5): one conviction after 5 years; more than one, after 7 years.
  • Nonviolent felony convictions (§ 15A-145.5): one after 10 years; up to three, after 20 years.
  • Certain offenses committed before age 18 or 22 have their own rules.

What does not qualify

  • DWI. A DWI conviction cannot be expunged in North Carolina.
  • Offenses requiring sex offender registration.
  • Class A1 violent offenses and certain felonies.

Why it matters

A dismissed charge keeps showing up on background checks until it is expunged. Employers, landlords, and schools see it. Expunction removes it from the public record.


How we do it

  1. We obtain your full criminal history from the state.

  2. We determine which charges qualify and on what date.

  3. We file the petition (AOC-CR-287 and related forms) in the county where the charge occurred.

  4. We confirm in writing when the order is signed.

When any case with us closes, we review your expunction eligibility without your having to ask.

919-821-4500