Upon filing of the petition, 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 30 days thereafter in which to file any objection thereto and shall be duly notified as to the date of the hearing of the petition. Upon good cause shown, the court may grant the district attorney an additional 30 days to file objection to the petition. The district attorney shall make his or her best efforts to contact the victim, if any, to notify the victim of the request for expunction prior to the date of the hearing.
The presiding judge is authorized to call upon a probation officer for any additional investigation or verification of the petitioner's conduct since the conviction. The court shall review any other information the court deems relevant, including, but not limited to, affidavits or other testimony provided by law enforcement officers, district attorneys, and victims of crimes committed by the petitioner.
If the court, after hearing, finds that the petitioner has not previously been granted an expunction under this section,, , , , or ; the petitioner has remained of good moral character; the petitioner has no outstanding warrants or pending criminal cases; the petitioner has no other felony or misdemeanor convictions other than a traffic violation; the petitioner has no outstanding restitution orders or civil judgments representing amounts ordered for restitution entered against the petitioner; and the petitioner was convicted of an offense eligible for expunction under this section and was convicted of, and completed any sentence received for, a nonviolent felony at least 10 years prior to the filing of the petition or a nonviolent misdemeanor at least five years prior to the filing of the petition, it may order that such person be restored, in the contemplation of the law, to the status the person occupied before such arrest or indictment or information, except as provided in . If the court denies the petition, the order shall include a finding as to the reason for the denial.
Persons required by State law to obtain a criminal history record check on a prospective employee shall not be deemed to have knowledge of any convictions expunged under this section.
N.C. Gen. Stat. § 15A-145.5
Amended by 2017 N.C. Sess. Laws 195,s. 1, eff. 12/1/2017.
Amended by 2015 N.C. Sess. Laws 181,s. 43, eff. 12/1/2015.
Amended by 2015 N.C. Sess. Laws 150,s. 4, eff. 12/1/2015.
Amended by 2014 N.C. Sess. Laws 119,s. 11-a, eff. 9/18/2014.
Amended by 2014 N.C. Sess. Laws 119,s. 1-a, eff. 12/1/2014.
Amended by 2014 N.C. Sess. Laws 100,s. 17.1-o, eff. 7/1/2014.
Amended by 2013 N.C. Sess. Laws 410,s. 4, eff. 8/23/2013.
Amended by 2013 N.C. Sess. Laws 53,s. 2, eff. 5/17/2013.
Added by 2012 N.C. Sess. Laws 191,s. 1, eff. 12/1/2012.
See 2014 N.C. Sess. Laws 119, s. 1-b.