Introduction
A drug conviction can have a long-lasting impact on your life. From job opportunities to housing applications to education or professional licensing, a criminal record may haunt you well beyond your sentence. If you’ve been convicted of a drug offense in North Carolina, you might wonder whether there is a way to clear your record. The answer is: possibly.
North Carolina does allow for the expungement (also called expunction) of certain drug convictions. However, not every case qualifies, and the process can be complicated without legal guidance.
In this blog, we explain what expungement means, who is eligible, how to apply, and why you should consider working with a defense attorney if you want to wipe a drug conviction off your record.
What Is Expungement?
Expungement is a legal process where your criminal record is cleared or erased. Once an expungement is granted in North Carolina, the court will remove the charge and conviction from public records. Employers, landlords, and most government agencies will no longer see the conviction in a background check.
According to the North Carolina Judicial Branch, after a successful expunction:
- Your conviction is treated as if it never happened.
- You are legally allowed to answer “no” when asked if you’ve been convicted of a crime.
- The clerk of court removes the record from public databases.
However, expunged records can still be seen by law enforcement and in immigration proceedings.
Are All Drug Convictions Eligible for Expungement?
No. Not all drug convictions in North Carolina can be expunged. Eligibility depends on:
- The type of drug offense
- Whether it was a felony or misdemeanor
- Your age at the time of the offense
- Your criminal history
- How much time has passed since the conviction
Some drug offenses are automatically excluded from expungement, especially if they involve:
- Drug trafficking
- Repeat felony convictions
- Sale or delivery of a controlled substance
That said, many nonviolent and low-level drug offenses, such as simple possession, are often eligible.
Expungement Eligibility for Drug Convictions in North Carolina
Here are some of the main categories of eligibility:
1. First-Time Nonviolent Offense
If your drug conviction was your first and only conviction and the offense was considered nonviolent, you may qualify to have it expunged after a waiting period. The waiting time is typically:
- 5 years for misdemeanors
- 10 years for felonies
You must also not have any new charges during the waiting period.
2. Dismissed Charges or Not Guilty Verdicts
Even if you weren’t convicted, charges on your record may still appear in background checks. If your case was dismissed or you were found not guilty, you can apply for expungement immediately.
3. Offenses Committed Under Age 18 or 22
If you were under 18 years old at the time of the offense and were convicted of simple possession, you may qualify for an expungement after a 12-month waiting period. A similar rule applies to some offenses committed before age 22.
More detailed rules are available on the North Carolina General Assembly website.
What Offenses Are Not Eligible for Expungement?
You cannot seek expungement in North Carolina if your conviction involved:
- Drug trafficking
- Manufacturing of drugs
- Sale or delivery of Schedule I or II drugs
- Drug offenses committed while on probation or parole
Additionally, if you’ve been convicted of more than one felony (outside of the same incident), you may be disqualified.
How to Apply for Expungement in North Carolina
The expungement process involves several steps:
- Determine your eligibility: Review your case with a criminal defense attorney to confirm you qualify.
- Obtain necessary forms: Expungement petitions must be filed using specific forms provided by the courts.
- File with the clerk of court: You’ll need to file the petition in the county where the conviction occurred.
- Pay the fee (if required): Some expungements are free, but others may cost $175 or more.
- Wait for review: The judge may take weeks or even months to review your request.
- Attend a hearing (if necessary): Some cases require a formal hearing before a judge.
- Receive a decision: If approved, your record will be cleared within a few weeks.
You can find official expungement instructions and forms on the North Carolina Courts website.
How Long Does Expungement Take?
Even if your case is eligible, the expungement process may take:
- 6 to 12 months for complete resolution
- Longer if your case is complex or if court dockets are backlogged
During that time, your conviction will still appear on background checks. That’s why starting the process early is key.
Can Expungement Be Denied?
Yes. Even if you meet the requirements, a judge can deny your expungement request based on:
- Lack of remorse
- New criminal charges
- Incomplete paperwork
- Objections from the district attorney
Having a defense attorney prepare your case can improve your chances and ensure your petition is legally sound.
Why Expungement Matters
A drug conviction on your record can:
- Prevent you from getting a job
- Make it difficult to secure housing
- Disqualify you from student loans or financial aid
- Impact your reputation and relationships
Clearing your record through expungement can give you a clean slate and allow you to move forward without the burden of a past mistake.
Do I Need a Lawyer to File for Expungement?
While you are not legally required to have a lawyer, the expungement process involves strict rules and legal paperwork. Mistakes can delay your petition or lead to denial.
An attorney can:
- Review your eligibility
- Help you gather supporting documents
- Complete and file your petition
- Represent you in court if needed
At Martine Law, we help people across North Carolina clear their records and rebuild their futures. If you’re unsure whether you’re eligible, we can walk you through your options.
Contact us today to get started.
Final Thoughts
A drug conviction doesn’t have to define the rest of your life. If you qualify for expungement in North Carolina, you have a chance to clear your record and create a fresh start. The process can be complex, but with the right legal support, you can take that important step toward a better future.
Whether your charge was dismissed, you were found not guilty, or it’s been years since your conviction, don’t wait. Reach out to a legal team that understands how to navigate North Carolina’s expungement laws.