Expungement Worksheet

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1. Obtain copy of criminal record (see “pre-steps” for more details)

2. Interpret criminal record and determine expungement eligibility

3. Determine and obtain petition paperwork

4. Complete petition form and collect any additional paperwork

5. Submit petition - needs to be submitted in the County where the court case was decided.

   • If this is Durham County: Bring your completed petition(s) to the Criminal/Traffic Records Department at the courthouse. The Durham County courthouse is located at 512 South Dillard Street in Durham. The main telephone number for the Clerk of Superior Court is 919.808.3000.

   • Bring a Photo ID and three completed sets of your documents to the Criminal/Traffic Records Office.

   • Fee for filing: $175 (cash, money order, or certified bank check)

     • No fee for not guilty offense record

     • No fee for a dismissed charge record unless a charge was dismissed because of a deferred prosecution agreement or conditional discharge and dismissal

     • Possible to get the fee waived because of income status (need to fill out a request - form AOC-G-106)

   • Forms can also be filed by mail

6. Follow up with review of petition if necessary

7. Verify expunction order (see "post-steps" for more details)

• How do I obtain a complete and accurate account of my criminal record? From NC Bar Foundation, FAQ #1 (pg. 24)

• Most Common/Most Official/Most Accurate

  1. Option 1 - Single County - County Clerk of Court

• 1. • Certified Copy - must fill out form AOC-CR-314 (usually, but not always, $25)

     • Many, but not all, clerks can “make an “uncertified” copy available for a fraction of that fee.”

  2. Option 2 - Single County - ACIS Records System

     • ACIS Records - From NC Bar Foundation (pg. 18): “Criminal background reports are often difficult to interpret, reflecting the complex nature of criminal proceedings. Particularly hard to interpret are records accessed directly from the North Carolina Court System using the Automated Criminal/Infractions System (ACIS). ACIS records are accessible at each local court house either by request or by using a public terminal. ACIS relies on codes and fields that are not intuitive. The picture tutorial below highlights the information and fields relevant to petitioning for an expunction of a criminal charge or conviction. Common ACIS codes are also provided below. On the next page is a petition form completed for the specific criminal record below.

     • Administrative Office of the Courts’ “Citizens’ Guide” to conducting searches in the ACIS system

  3. Option 3 - State-wide - State Bureau of Investigation (SBI)

• Less Common/Less Official/Less Accurate

  • Adverse Action - “When a prospective employer denies employment to a job applicant or otherwise takes “adverse action” based on an applicant’s criminal history, the employer is usually required to provide to the applicant a copy of any criminal background report generated by a commercial provider.” For more information, you can visit the Fair Credit Reporting Act website.

  • Commercial Provider - “An individual may obtain a criminal background report from a commercial provider at varying prices. These can provide state and federal criminal record information but are often inaccurate.

Having difficulty decoding your criminal record? The 2nd page of this criminal records request form may be helpful in understanding the many acronyms and codes involved.

How to confirm your record has been expunged

• “When the expunction is granted, the clerk is required to provide the petitioner with a certified copy of the expunction order. There should not be an additional fee for this certified copy of the expunction order. The new law also provides a person the ability to obtain verification of the expunction of a criminal record at any time directly from the North Carolina Administrative Office of the Courts. This is a verification that the expunction occurred, rather than a copy of the expunction order itself. In order to obtain a “certificate of verification of prior expunction” the person whose record was expunged may submit form AOC-G-260.” (NC Bar Foundation, FAQ #6, pg. 26)

Expunction denied and want to appeal?

• “According to the North Carolina Court of Appeals recent decision in State v. J.C., expunctions are a criminal matter, at least for purposes of appeal. For a thorough and thoughtful discussion of the issue, please see the UNC School of Government’s post by Professor John Rubin here.” (NC Bar Foundation, FAQ #8, pg. 26)

Not eligible for expunction? Relief from collateral consequences is still possible

• See: NC Legislation Article 6 - Certificate of Relief

• “A certificate of relief is a court order. It reflects the court’s determination—after notice to the prosecutor and victim and, if requested by the court, investigation by a probation officer—that the petitioner should be granted relief.”

• NC Courts Instructions for Certificate of Relief Petition and Order Form (AOC-CR-273)

• A petition for expunction must be filed in the county in which the charge or conviction occurred.

• Expunged criminal records are not available to the public, but expunged dismissals and convictions can still be accessed by district attorneys and considered by courts for sentencing if the person re-offends.

• Note that many NC-specific legal resources are currently out of date in reference to expungements (including some sections of the NC Bar Foundation resources that we have linked); this is not to say that the entire resource is incorrect, but rather, that recent laws such as the Raise the Age Act (which went into effect on Dec. 1, 2019 and raised the adult age in NC from 16 to 18), and the Second Chance Act (which is currently in the middle of a phased implementation) have made it difficult for resource guides to stay up-to-date in many of their details in a timely manner.

• The best, and most up-to-date, method of obtaining legal assistance is to consult with a lawyer who specializes in expungements.

• This criminal justice system and its records rely on codes, fields, and forms that are not intuitive. If you’re confused, you’re not alone- try not to get overwhelmed. There are a number of legal guides and “keys” or “legends” that seek to help explain these convoluted codes (we have some of them included in our resources and worksheet).