what crimes cannot be expunged in nc

2 min read 26-12-2024

North Carolina's expungement laws offer a second chance to many individuals with past criminal records. However, not all convictions are eligible for expungement. Understanding which crimes are ineligible is crucial for anyone considering applying. This article clarifies which offenses remain permanently on your record in North Carolina.

Crimes Ineligible for Expungement in NC

Several categories of offenses are permanently ineligible for expungement under North Carolina law. These include:

1. Violent Felonies

Crimes involving violence or the threat of violence are generally not eligible for expungement. This includes but isn't limited to:

Murder: This encompasses all degrees of murder, including first-degree, second-degree, and manslaughter.
Assault with a Deadly Weapon: Any assault that involves a weapon capable of causing serious injury or death.
Rape and Sexual Assault: These serious felonies are permanently ineligible for expungement.
Kidnapping: The unlawful seizure, abduction, or imprisonment of another person.
Arson: Intentionally and maliciously damaging or destroying property by fire.
Robbery: Taking property from another person by force or threat of force.

The specifics of each charge will determine eligibility. Consult with an attorney to assess your specific situation.

2. Sex Offenses

Most sex offenses are permanently ineligible for expungement, regardless of the specifics of the case. This includes:

Statutory Rape: Sexual intercourse with a minor.
Indecent Liberties with a Minor: Any immoral or indecent touching of a child.
Sexual Battery: Unlawful sexual contact without consent.

These charges often carry significant consequences, including mandatory registration as a sex offender. Expungement is rarely granted.

3. Certain Drug Offenses

While some drug-related convictions might be expunged under specific circumstances (after a waiting period), certain serious drug offenses typically remain on your record permanently. This category includes:

Trafficking in Controlled Substances: This involves the distribution or sale of significant amounts of illegal drugs.
Manufacturing Controlled Substances: Producing illegal drugs.

The specific drug involved and the quantity can impact eligibility. An attorney can provide clarity on your individual case.

4. Habitual Felon Convictions

If an individual has been previously convicted of two or more felonies, a subsequent felony conviction is much harder to expunge, and in many cases, it is permanently ineligible. This reflects the state's focus on deterring repeat offenders.

5. Certain Domestic Violence Convictions

While some domestic violence convictions may be expunged after a period of time, certain severe or repeat offenses remain ineligible permanently.

6. Felonies Involving Firearms

Convictions related to illegal possession, use, or sale of firearms are frequently not eligible for expungement.

Seeking Legal Advice

The information provided here is for informational purposes only and does not constitute legal advice. North Carolina expungement laws are complex. The specific details of your case will determine eligibility. It is crucial to consult with a qualified North Carolina attorney specializing in expungements to assess your individual circumstances and understand your options. They can provide guidance on the legal process and your likelihood of success. Don't rely solely on online information; seeking professional legal help is the best way to determine your eligibility.