When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime.

Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged. For example, under federal law only a person who is guilty of a minor drug offense under the Controlled Substances Act (21 U.S.C. §844) may have their record expunged. See 18 U.S.C. §3607(c).

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In North Carolina, expungement (also known as expunction) is the process by which a person's criminal record is permanently destroyed or sealed from state or federal records. North Carolina law allows for expungement of certain criminal records under specific conditions. Generally, nonviolent misdemeanors and felonies, certain drug offenses, and dismissed or not guilty charges can be eligible for expungement. The eligibility for expungement often depends on factors such as the age of the person at the time of the offense, the amount of time that has passed since the charge or conviction, and the completion of any court-imposed sentence, including probation or deferred adjudication. Juvenile records may also be eligible for expungement. However, expungement is not available for all types of crimes, especially violent offenses, certain sexual offenses, and other serious felonies. It's important to note that expungement laws are subject to change, and the process can be complex, often requiring the assistance of an attorney to navigate the legal requirements.