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.

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 removed from public access. This means that after an expungement, the individual can lawfully deny the occurrence of the arrest or conviction in most situations. However, not all criminal records are eligible for expungement. Eligibility for expungement in NC typically depends on factors such as the type of crime, the age of the person at the time of the offense (especially for juvenile offenses), the completion of any court-ordered probation or deferred adjudication, and the amount of time that has passed since the conviction or arrest. Certain misdemeanors, nonviolent felonies, and dismissed or not guilty charges may be expunged under specific conditions. Serious felonies, especially those involving violence or sex offenses, are generally not eligible for expungement. North Carolina law has specific statutes outlining the criteria and procedures for expungement, which can be found in the state's penal or criminal code. It is important to consult with an attorney to understand the nuances of these laws and to determine if one is eligible for expungement in North Carolina.