Were you a minor?

Here is what I found on Expungement on the North Carolina Website:

Article 5.
Expunction of Records.
§ 15A-145. Expunction of records for first offenders under the age of 18 at the time
of conviction of misdemeanor; expunction of certain other misdemeanors.
(a) Whenever any person who has (i) not yet attained the age of 18 years and has
not previously been convicted of any felony, or misdemeanor other than a traffic
violation, under the laws of the United States, the laws of this State or any other state,
pleads guilty to or is guilty of a misdemeanor other than a traffic violation, or (ii) not yet
attained the age of 21 years and has not previously been convicted of any felony, or
misdemeanor other than a traffic violation, under the laws of the United States, the laws
of this State or any other state, pleads guilty to or is guilty of a misdemeanor possession
of alcohol pursuant to G.S. 18B-302(b)(1), he may file a petition in the court where he
was convicted for expunction of the misdemeanor from his criminal record. The petition
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cannot be filed earlier than two years after the date of the conviction or any period of
probation, whichever occurs later, and the petition shall contain, but not be limited to, the
following:
(1) An affidavit by the petitioner that he has been of good behavior for the
two-year period since the date of conviction of the misdemeanor in
question and has not been convicted of any felony, or misdemeanor
other than a traffic violation, under the laws of the United States or the
laws of this State or any other state.
(2) Verified affidavits of two persons who are not related to the petitioner
or to each other by blood or marriage, that they know the character and
reputation of the petitioner in the community in which he lives and that
his character and reputation are good.
(3) A statement that the petition is a motion in the cause in the case wherein
the petitioner was convicted.
(4) Affidavits of the clerk of superior court, chief of police, where
appropriate, and sheriff of the county in which the petitioner was
convicted and, if different, the county of which the petitioner is a
resident, showing that the petitioner has not been convicted of a felony
or misdemeanor other than a traffic violation under the laws of this State
at any time prior to the conviction for the misdemeanor in question or
during the two-year period following that conviction.
(5) An affidavit by the petitioner that no restitution orders or civil
judgments representing amounts ordered for restitution entered against
him are outstanding.
The petition shall be served upon the district attorney of the court wherein the case
was tried resulting in conviction. The district attorney shall have 10 days thereafter in
which to file any objection thereto and shall be duly notified as to the date of the hearing
of the petition.
The judge to whom the petition is presented is authorized to call upon a probation
officer for any additional investigation or verification of the petitioner’s conduct during
the two-year period that he deems desirable.
(b) If the court, after hearing, finds that the petitioner had remained of good
behavior and been free of conviction of any felony or misdemeanor, other than a traffic
violation, for two years from the date of conviction of the misdemeanor in question, the
petitioner has no outstanding restitution orders or civil judgments representing amounts
ordered for restitution entered against him, and (i) petitioner was not 18 years old at the
time of the conviction in question, or (ii) petitioner was not 21 years old at the time of the
conviction of possession of alcohol pursuant to G.S. 18B-302(b)(1), it shall order that
such person be restored, in the contemplation of the law, to the status he occupied before
such arrest or indictment or information. No person as to whom such order has been
entered shall be held thereafter under any provision of any laws to be guilty of perjury or
otherwise giving a false statement by reason of his failure to recite or acknowledge such
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arrest, or indictment, information, or trial, or response to any inquiry made of him for any
purpose.
(c) The court shall also order that the said misdemeanor conviction, or a civil
revocation of a drivers license as the result of a criminal charge, be expunged from the
records of the court, and direct all law-enforcement agencies, including the Division of
Motor Vehicles, bearing record of the same to expunge their records of the conviction or
a civil revocation of a drivers license as the result of a criminal charge. This subsection
does not apply to civil or criminal charges based upon the civil revocation, or to civil
revocations under G.S. 20-16.2. The clerk shall forward a certified copy of the order to
the sheriff, chief of police, or other arresting agency. The clerk shall forward a certified
copy of the order to the Division of Motor Vehicles for the expunction of a civil
revocation provided the underlying criminal charge is also expunged. The civil
revocation of a drivers license shall not be expunged prior to a final disposition of any
pending civil or criminal charge based upon the civil revocation. The sheriff, chief or
head of such other arresting agency shall then transmit the copy of the order with a form
supplied by the State Bureau of Investigation to the State Bureau of Investigation, and the
State Bureau of Investigation shall forward the order to the Federal Bureau of
Investigation.
(d) The clerk of superior court in each county in North Carolina shall, as soon as
practicable after each term of court in his county, file with the Administrative Office of
the Courts, the names of those persons granted a discharge under the provisions of this
section, and the Administrative Office of the Courts shall maintain a confidential file
containing the names of persons granted conditional discharges. The information
contained in such file shall be disclosed only to judges of the General Court of Justice of
North Carolina for the purpose of ascertaining whether any person charged with an
offense has been previously granted a discharge.
(e) A person who files a petition for expunction of a criminal record under this
section must pay the clerk of superior court a fee of one hundred twenty-five dollars
($125.00) at the time the petition is filed. Fees collected under this subsection shall be
deposited in the General Fund. This subsection does not apply to petitions filed by an
indigent. (1973, c. 47, s. 2; c. 748; 1975, c. 650, s. 5; 1977, c. 642, s. 1; c. 699, ss. 1, 2;
1979, c. 431, ss. 1, 2; 1985, c. 636, s. 1; 1999-406, s. 8; 2002-126, ss. 29A.5(a), (b);
2004-133, s. 1; 2005-276, s. 43.1(e); 2007-509, s. 1.)
§ 15A-146. Expunction of records when charges are dismissed or there are findings
of not guilty.
(a) If any person is charged with a crime, either a misdemeanor or a felony, or was
charged with an infraction under G.S. 18B-302(i) prior to December 1, 1999, and the
charge is dismissed, or a finding of not guilty or not responsible is entered, that person
may apply to the court of the county where the charge was brought for an order to
expunge from all official records any entries relating to his apprehension or trial. The
court shall hold a hearing on the application and, upon finding that the person had not
previously received an expungement under this section, G.S. 15A-145, or G.S. 90-96, and
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that the person had not previously been convicted of any felony under the laws of the
United States, this State, or any other state, the court shall order the expunction. No
person as to whom such an order has been entered shall be held thereafter under any
provision of any law to be guilty of perjury, or to be guilty of otherwise giving a false
statement or response to any inquiry made for any purpose, by reason of his failure to
recite or acknowledge any expunged entries concerning apprehension or trial.
(a1) Notwithstanding subsection (a) of this section, if a person is charged with
multiple offenses and all the charges are dismissed, or findings of not guilty or not
responsible are made, then a person may apply to have each of those charges expunged if
the offenses occurred within the same 12-month period of time or if the charges are
dismissed or findings are made at the same term of court. Unless circumstances otherwise
clearly provide, the phrase “term of court” shall mean one week for superior court and
one day for district court. There is no requirement that the multiple offenses arise out of
the same transaction or occurrence or that the multiple offenses were consolidated for
judgment. The court shall hold a hearing on the application. If the court finds that the
person had not previously received an expungement under this subsection, that the person
had not previously received an expungement under G.S. 15A-145 or G.S. 90-96, and that
the person had not previously been convicted of any felony under the laws of the United
States, this State, or any other state, the court shall order the expunction. No person as to
whom such an order has been entered shall be held thereafter under any provision of any
law to be guilty of perjury, or to be guilty of otherwise giving a false statement or
response to any inquiry made for any purpose, by reason of his failure to recite or
acknowledge any expunged entries concerning apprehension or trial.
(b) The court may also order that the said entries, including civil revocations of
drivers licenses as a result of the underlying charge, shall be expunged from the records
of the court, and direct all law-enforcement agencies, including the Division of Motor
Vehicles, bearing record of the same to expunge their records of the entries, including
civil revocations of drivers licenses as a result of the underlying charge being expunged.
This subsection does not apply to civil or criminal charges based upon the civil
revocation, or to civil revocations under G.S. 20-16.2. The clerk shall forward a certified
copy of the order to the sheriff, chief of police, or other arresting agency. The clerk shall
forward a certified copy of the order to the Division of Motor Vehicles for the expunction
of a civil revocation provided the underlying criminal charge is also expunged. The civil
revocation of a drivers license shall not be expunged prior to a final disposition of any
pending civil or criminal charge based upon the civil revocation. The sheriff, chief or
head of such other arresting agency shall then transmit the copy of the order with the
form supplied by the State Bureau of Investigation to the State Bureau of Investigation,
and the State Bureau of Investigation shall forward the order to the Federal Bureau of
Investigation. The costs of expunging these records shall not be taxed against the
petitioner.
(b1) Any person entitled to expungement under this section may also apply to the
court for an order expunging DNA records when the person’s case has been dismissed by
the trial court and the person’s DNA record or profile has been included in the State DNA
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Database and the person’s DNA sample is stored in the State DNA Databank. A copy of
the application for expungement of the DNA record or DNA sample shall be served on
the district attorney for the judicial district in which the felony charges were brought not
less than 20 days prior to the date of the hearing on the application. If the application for
expungement is granted, a certified copy of the trial court’s order dismissing the charges
shall be attached to an order of expungement. The order of expungement shall include the
name and address of the defendant and the defendant’s attorney and shall direct the SBI to
send a letter documenting expungement as required by subsection (b2) of this section.
(b2) Upon receiving an order of expungement entered pursuant to subsection (b1)
of this section, the SBI shall purge the DNA record and all other identifying information
from the State DNA Database and the DNA sample stored in the State DNA Databank
covered by the order, except that the order shall not apply to other offenses committed by
the individual that qualify for inclusion in the State DNA Database and the State DNA
Databank. A letter documenting expungement of the DNA record and destruction of the
DNA sample shall be sent by the SBI to the defendant and the defendant’s attorney at the
address specified by the court in the order of expungement.
(c) The Clerk of Superior Court in each county in North Carolina shall, as soon as
practicable after each term of court in his county, file with the Administrative Office of
the Courts, the names of those persons granted an expungement under the provisions of
this section and the Administrative Office of the Courts shall maintain a confidential file
containing the names of persons granted such expungement. The information contained
in such files shall be disclosed only to judges of the General Court of Justice of North
Carolina for the purpose of ascertaining whether any person charged with an offense has
been previously granted an expungement. (1979, c. 61; 1985, c. 636, ss. 1-7; 1991, c.
326, s. 1; 1997-138, s. 1; 1999-406, s. 9; 2001-108, s. 2; 2001-282, s. 1; 2002-126, s.
29A.5(c); 2005-452, s. 1; 2007-509, s. 2.)
§ 15A-147. Expunction of records when charges are dismissed or there are findings
of not guilty as a result of identity theft.
(a) If any person is named in a charge for an infraction or a crime, either a
misdemeanor or a felony, as a result of another person using the identifying information
of the named person and the charge against the named person is dismissed, a finding of
not guilty is entered, or the conviction is set aside, the named person may apply by
petition or written motion to the court where the charge was last pending on a form
approved by the Administrative Office of the Courts supplied by the clerk of court for an
order to expunge from all official records any entries relating to the person’s
apprehension, charge, or trial. The court, after notice to the district attorney, shall hold a
hearing on the motion or petition and, upon finding that the person’s identity was used
without permission and the charges were dismissed or the person was found not guilty,
the court shall order the expunction.
(b) No person as to whom such an order has been entered under this section shall
be held thereafter under any provision of any law to be guilty of perjury, or to be guilty of
otherwise giving a false statement or response to any inquiry made for any purpose, by
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reason of the person’s failure to recite or acknowledge any expunged entries concerning
apprehension, charge, or trial.
(c) The court shall also order that the said entries shall be expunged from the
records of the court and direct all law enforcement agencies, the Division of Motor
Vehicles, or any other State or local government agencies bearing record of the same to
expunge their records of the entries. The clerk shall forward a certified copy of the order
to the sheriff, chief of police, or other charging agency; and, when applicable, to the
Division of Motor Vehicles and any other State or local agency. The sheriff, chief, or
head of such other charging agency shall then transmit the copy of the order with the
form supplied by the State Bureau of Investigation to the State Bureau of Investigation,
and the State Bureau of Investigation shall forward the order to the Federal Bureau of
Investigation. Upon receipt of a certified copy of the order, the agency must purge its
records as required by this section. The costs of expunging these records shall not be
taxed against the petitioner.
(d) The Division of Motor Vehicles shall expunge from its records entries made as
a result of the charge or conviction ordered expunged under this section. The Division of
Motor Vehicles shall also reverse any administrative actions taken against a person
whose record is expunged under this section as a result of the charges or convictions
expunged, including the assessment of drivers license points and drivers license
suspension or revocation. Notwithstanding any other provision of this Chapter, the
Division of Motor Vehicles shall provide to the person whose motor vehicle record is
expunged under this section a certified corrected driver history at no cost and shall
reinstate at no cost any drivers license suspended or revoked as a result of a charge or
conviction expunged under this section.
(e) Any other applicable State or local government agency shall expunge from its
records entries made as a result of the charge or conviction ordered expunged under this
section. The agency shall also reverse any administrative actions taken against a person
whose record is expunged under this section as a result of the charges or convictions
expunged. Notwithstanding any other provision of law, the normal fee for any
reinstatement of a license or privilege resulting under this section shall be waived.
(f) Any insurance company that charged any additional premium based on
insurance points assessed against a policyholder as a result of a charge or conviction that
was expunged under this section shall refund those additional premiums to the
policyholder upon notification of the expungement. (2001-108, s. 1; 2005-414, s. 8.)
§ 15A-148. Expunction of DNA records when charges are dismissed on appeal or
pardon of innocence is granted.
(a) Upon a motion by the defendant following the issuance of a final order by an
appellate court reversing and dismissing a conviction of an offense for which a DNA
analysis was done in accordance with Article 13 of Chapter 15A of the General Statutes,
or upon receipt of a pardon of innocence with respect to any such offense, the court shall
issue an order of expungement of the DNA record and samples in accordance with
subsection (b) of this section. The order of expungement shall include the name and
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address of the defendant and the defendant’s attorney and shall direct the SBI to send a
letter documenting expungement as required by subsection (b) of this section.
(b) When an order of expungement has been issued pursuant to subsection (a) of
this section, the order of expungement, together with a certified copy of the final
appellate court order reversing and dismissing the conviction or a certified copy of the
instrument granting the pardon of innocence, shall be provided to the SBI by the clerk of
court. Upon receiving an order of expungement for an individual whose DNA record or
profile has been included in the State DNA Database and whose DNA sample is stored in
the State DNA Databank, the DNA profile shall be expunged and the DNA sample
destroyed by the SBI, except that the order shall not apply to other offenses committed by
the individual that qualify for inclusion in the State DNA Database and the State DNA
Databank. A letter documenting expungement of the DNA record and destruction of the
DNA sample shall be sent by the SBI to the defendant and the defendant’s attorney at the
address specified by the court in the order of expungement. The SBI shall adopt
procedures to comply with this subsection. (2001-282, s. 2.)
§ 15A-149. Expunction of records when pardon of innocence is granted.
(a) If any person is convicted of a crime and receives a pardon of innocence, the
person may apply by petition or written motion to the court in which the person was
convicted on a form approved by the Administrative Office of the Courts supplied by the
clerk of court for an order to expunge from all official records any entries relating to the
person’s apprehension, charge, or trial. Upon receipt of the petition or written motion, the
clerk of court shall verify that an attested copy of the warrant and return granting a
pardon of innocence has been filed with the court in accordance with G.S. 147-25. Upon
verification by the clerk that the warrant and return have been filed, the court shall issue
an order of expunction.
(b) The order of expunction shall include an instruction that any entries relating to
the person’s apprehension, charge, or trial shall be expunged from the records of the court
and direct all law enforcement agencies, the Division of Motor Vehicles, or any other
State or local government agencies bearing record of the same to expunge their records of
the entries. The clerk shall forward a certified copy of the order to the sheriff, chief of
police, or other charging agency; and, when applicable, to the Division of Motor Vehicles
and any other State or local agency. The sheriff, chief, or head of such other charging
agency shall then transmit the copy of the order with the form supplied by the State
Bureau of Investigation to the State Bureau of Investigation, and the State Bureau of
Investigation shall forward the order to the Federal Bureau of Investigation. Upon receipt
of a certified copy of the order, the agency must purge its records as required by this
section. The costs of expunging these records shall not be taxed against the petitioner.
(c) No person as to whom such an order has been entered under this section shall
be held thereafter under any provision of any law to be guilty of perjury, or to be guilty of
otherwise giving a false statement or response to any inquiry made for any purpose, by
reason of the person’s failure to recite or acknowledge any expunged entries concerning
apprehension, charge, or trial. (2005-319, s. 1.)