Changes to Expungement Law

North Carolina’s expungement laws have undergone some important changes in recent years. First, there was the change to allow young offenders to expunge certain non-violent felonies. Then there was an expansion of that law to permit adult offenders to expunge certain non-violent felonies (after a 15 year wait). Those were both good changes to the law.

Now comes a problematic change. In an effort to raise additional revenue, the North Carolina General Assembly passed a law requiring the Clerk of Court to collect $175 fee from people whose cases were dismissed pursuant to a deferred prosecution or diversion agreement. An expungement must be filed with the fee, or else the clerk will not accept the petition.

The fee does not apply to expungements following a voluntary dismissal or not guilty result after trial.

Damon Chetson

Damon Chetson is a Board Certified Specialist in State and Federal Criminal Law. He represents people charged with serious and minor offenses in Raleigh, Wake County, and the Eastern District of North Carolina. Call (919) 352-9411.