AOC-CR-268 — Expunction Under G.S. 15A-145.5

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01 YOUR INFORMATION (PETITIONER)

You are the petitioner — the person seeking expunction. If represented by an attorney, enable the attorney section below.

Full Legal Name *

Date of Birth *

Current Mailing Address *

City *

State

ZIP *

Phone

02 ATTORNEY INFORMATION OPTIONAL — IF REPRESENTED BY COUNSEL

03 CASE INFORMATION

File No. / Case No. *

County of Conviction *

Court Division

04 OFFENSE TYPE & INFORMATION

Offense Type *

5-year waiting period — at least 5 years must have passed since the date of conviction or release from any supervision (whichever is later) for a nonviolent misdemeanor.

Offense Description *

G.S. Violation

Date of Conviction *

Date Released from Supervision (if applicable)

Date of Offense

05 ELIGIBILITY ATTESTATIONS

By checking each box you certify under penalty of perjury that the following statements are true and correct to the best of your knowledge and belief.

The offense for which I was convicted is a nonviolent misdemeanor or nonviolent felony as defined by G.S. 15A-145.5. It is not an offense that requires sex offender registration, a Class A–E felony, or an offense involving assault or injury to a person.

At least 5 years have passed since the date of my conviction or release from any active sentence, probation, or parole supervision — whichever is later.

Since the conviction I seek to expunge, I have not been convicted of any subsequent felony or misdemeanor (other than a traffic violation) under the laws of the United States, this State, or any other state.

I am not currently required to register as a sex offender under Article 27A of Chapter 14 of the General Statutes.

I have no outstanding warrants or pending criminal charges against me at this time.

I have not previously received an expunction under G.S. 15A-145.5 for a felony conviction. (For misdemeanors, I understand multiple misdemeanor expunctions may be allowed under certain conditions.)

Today's Date *

COUNTY OF CONVICTION

— Select above —

STATUTORY REFERENCE

G.S. 15A-145.5Governing statute

Misdemeanor wait5 years

Felony wait10 years

Subsequent convictionsNone allowed

Sex offender reg.Must not be registered

Felony expunctionsOne lifetime max

AOC-CR-268Official form

ELIGIBILITY REQUIREMENTS

Offense must be a nonviolent misdemeanor or nonviolent felony (not Class A–E felony)
Not an offense involving assault, sexual offense, or sex offender registration
Misdemeanor: at least 5 years since conviction or end of supervision
Felony: at least 10 years since conviction or end of supervision
No subsequent criminal convictions (traffic OK)
Not currently registered as a sex offender
Only one felony expunction under 15A-145.5 per lifetime

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DISQUALIFYING OFFENSES

Class A through E felonies
Any offense requiring sex offender registration
Offenses involving assault, physical injury, or threats
DWI / DUI convictions
Any offense against a minor

NEED AN ATTORNEY?

Felony expunctions are complex and one per lifetime — get it right
Barker Richardson, PLLC → full representation
Daniel T. Barker, Esq. · NC Bar #19543

AOC-CR-268 — Petition and Order of Expunction

STATUTORY REFERENCE

ELIGIBILITY REQUIREMENTS

AUTO-FILL FROM CLIO

DISQUALIFYING OFFENSES

NEED AN ATTORNEY?