Navigating Expungement Under the Second Chance Act: Practical Steps for Returning Citizens

For individuals re-entering society after involvement with the criminal justice system, the weight of a criminal record can feel like a persistent shadow, hindering access to essential opportunities such as employment, housing, and education.1 This can create significant obstacles for those striving to rebuild their lives and contribute positively to their communities.5 Recognizing these challenges, North Carolina enacted the Second Chance Act, a landmark piece of legislation designed to provide a pathway to a fresh start through expanded opportunities for expungement.1 This article aims to serve as a practical guide for returning citizens in North Carolina, offering step-by-step instructions on how to navigate the expungement process under this important Act and highlighting the hope it offers for a brighter future.2

Understanding the Second Chance Act in North Carolina

The Second Chance Act, also known as Senate Bill 562, was signed into law in North Carolina in June 2020 and became effective on December 1, 2020.1 This legislation marked a significant expansion of previous expungement laws in the state, allowing more individuals with criminal records to have past convictions removed from their records.1 The Act garnered bipartisan support in the General Assembly, underscoring a shared recognition of the importance of offering second chances to those seeking to reintegrate into society.5 By expanding expungement eligibility, the Second Chance Act seeks to reduce the barriers that returning citizens often face when trying to secure employment, find suitable housing, and pursue educational opportunities.3 Key provisions of the Act include the automation of expungement for certain dismissed charges and the broadening of eligibility criteria for individuals with non-violent convictions.1

Who is Eligible for Expungement Under the Second Chance Act?

Eligibility for expungement under the Second Chance Act is determined by several factors, including the nature of the offense, the outcome of the case, and the individual’s prior criminal history.10 The Act provides several pathways for expungement:

A. Expungement for Juvenile Offenses (“Raise the Age” Provisions): Individuals who were convicted of a misdemeanor or a Class H or I felony when they were 16 or 17 years old, and the offense occurred before December 1, 2019, may be eligible to have that conviction expunged.1 This provision aligns with North Carolina’s “Raise the Age” initiative, which recognizes that younger individuals in the justice system should be treated differently than adults.5 However, certain offenses are typically excluded from this category, such as violations of motor vehicle laws (including impaired driving) and any offense that required registration as a sex offender.1 To be eligible for expungement under this provision, the individual must have completed any active sentence, period of probation, or post-release supervision ordered by the court, and there must be no outstanding restitution orders or civil judgments for restitution related to the offense.1

B. Expungement of Dismissed Charges and Not Guilty Verdicts: The Second Chance Act allows individuals to petition the court for the expungement of all misdemeanor and felony charges that were dismissed or resulted in a verdict of “not guilty”.1 A significant change introduced by the Act is the elimination of the “felony disqualification,” meaning that a prior felony conviction no longer prevents a person from expunging dismissed or “not guilty” charges, provided the dismissal or acquittal occurred on or after December 1, 2020.5 Furthermore, the Act established automatic expungement for certain misdemeanor and felony charges that were dismissed without leave, dismissed by the court, or resulted in a finding of not guilty or not responsible, where the final disposition occurred on or after December 1, 2021.1 It is important to note that if a felony charge was dismissed as the result of a plea agreement that led to any conviction, it may not be eligible for automatic expungement but can still be petitioned for.6

C. Expungement of Non-Violent Misdemeanor Convictions: Individuals who have been convicted of one or more non-violent misdemeanors may be eligible for expungement after a specific waiting period.1 The waiting period is five years from the date of conviction or the completion of any active sentence, probation, or post-release supervision, whichever occurs later, if the individual has only one non-violent misdemeanor conviction on their record.1 If the individual has more than one non-violent misdemeanor conviction, the waiting period is seven years after the completion of all active sentences, probation, or post-release supervision for all the convictions for which expungement is sought.1 In both scenarios, the individual must have maintained “good behavior” during the waiting period, meaning they have not been convicted of any other felony or misdemeanor (other than traffic violations).1 Certain misdemeanors are excluded from being considered non-violent and are therefore ineligible for expungement under this provision, including offenses that involve assault or are classified as a Class A1 misdemeanor.1

D. Expungement of One First-Time Non-Violent Felony Conviction: The Second Chance Act also provides an opportunity for individuals with one non-violent felony conviction to have their record expunged after a ten-year waiting period following the completion of all active sentences, probation, and post-release supervision.1 Similar to misdemeanor expungement, the individual must demonstrate “good behavior” throughout the ten-year waiting period by not incurring any new felony or misdemeanor convictions (excluding traffic violations).1 The definition of a non-violent felony for expungement purposes excludes serious offenses such as Class A through G felonies, felonies involving assault, and certain drug-related felonies.1 It is crucial to understand that this provision generally allows for the expungement of only one non-violent felony conviction; having multiple felony convictions, even if considered non-violent and occurring in the same court session, typically disqualifies an individual.1

E. Important Exclusions: While the Second Chance Act significantly expanded expungement eligibility, certain offenses are generally not eligible under its provisions.1 These typically include all violent felonies and misdemeanors, Class A through G felonies, Class A1 misdemeanors, any offense that involves assault as an essential element of the crime, offenses requiring registration as a sex offender, felony drug offenses involving methamphetamines or heroin, certain offenses related to domestic violence, impaired driving (DWI/DUI), and certain other motor vehicle law violations.1 Furthermore, it is important to note that having received a prior expungement under certain categories of the Second Chance Act may affect an individual’s eligibility for future expungements.1

Navigating the Expungement Process: Practical Steps

Navigating the expungement process under the Second Chance Act involves several key steps 10:

Step 1: Obtain Your Criminal Record: The first step is to obtain a complete copy of your criminal record. This can be done by contacting the North Carolina State Bureau of Investigation (SBI) and requesting your record through their “Right to Review” process.17 It is advisable to check records in every county where you believe charges may have been filed.24 Additionally, many courthouses in North Carolina have public access computers that can be used to view criminal records.24

Step 2: Determine Your Eligibility: Once you have your criminal record, carefully review it to identify all charges, convictions, and their dispositions. Compare this information against the eligibility criteria for the different types of expungement outlined in Section III. Pay close attention to the type of offense, the outcome of the case (dismissed, not guilty, convicted), the date of the offense, and the waiting periods required for convictions. Given the complexity of expungement laws, it is strongly recommended that you consult with an attorney experienced in North Carolina expungement law at this stage to get an accurate assessment of your eligibility.10

Step 3: Complete the Necessary Petition Forms: If you determine that you are likely eligible for expungement, the next step is to complete the required petition forms. Different types of expungements have specific forms, which are typically available on the North Carolina Judicial Branch website, under the Administrative Office of the Courts (AOC) section.10 Examples of common forms include those for dismissed charges (AOC-CR-287), non-violent misdemeanor convictions (AOC-CR-281), non-violent felony convictions (AOC-CR-283), and offenses committed before age 18 (AOC-CR-290).20 It is crucial to complete all sections of the form accurately and provide all the necessary information, such as your personal details, the file numbers and dates of the offenses, a detailed description of the charges, and the names of the arresting agencies.10 For certain types of expungement, particularly those involving non-violent misdemeanor and felony convictions, you may also need to gather additional documents, such as affidavits from yourself and two non-related individuals attesting to your good moral character.6

Step 4: File the Petition with the Clerk of Court: Once the petition forms are completed, they must be filed with the clerk of court in the county where the charge or conviction occurred.6 It is advisable to contact the clerk’s office in that specific county to inquire about their particular filing procedures, as these can sometimes vary.17 There is typically a filing fee of $175 for certain types of expungement, such as those for non-violent convictions and some dismissed charges (e.g., those dismissed pursuant to a plea agreement).1 However, if you meet certain criteria, such as receiving public assistance or being represented by legal aid, you may be eligible to apply for a fee waiver.10 You may need to complete and submit a Civil Affidavit of Indigency form to request a fee waiver.20

Step 5: Notification and Review Process: After the petition is filed, it is typically sent to the State Bureau of Investigation (SBI) for a state and federal criminal background check.1 The petition is then forwarded to the Administrative Office of the Courts (AOC), which checks to see if you have previously received an expungement.1 Additionally, the District Attorney’s office in the county where the petition was filed will be notified and will have the opportunity to review the petition and raise any objections.1 If the case involved a victim, the victim will also be notified and has the right to be present at any hearing related to the expungement and to have their views and concerns considered by the court.17

Step 6: Potential Hearing: In some instances, the judge may review the expungement petition and grant the order without the need for a formal hearing.10 However, in other cases, particularly when the expungement involves a non-violent conviction or if the District Attorney raises an objection, the court may schedule a hearing to consider the matter further.1 If a hearing is scheduled, you should be prepared to present your case to the judge and provide any additional information or documentation that supports your request for expungement.17

Step 7: The Judge’s Decision and Order: After reviewing the petition and considering any input from the District Attorney or victims, and after any hearing that may be held, the judge will make a final decision on whether to grant the expungement.11 If the judge approves the petition, they will issue a formal expungement order.1 The clerk of court is then required to provide you with a certified copy of this order.17 The clerk will also send notifications to relevant law enforcement agencies, including the SBI, and other government entities, such as the Division of Motor Vehicles, directing them to expunge their records of the specified offense.17

Step 8: Removal of Expunged Records: Once the expungement order is granted and the relevant agencies receive notification, the records of the expunged charge or conviction will be removed from public access for most purposes.1 This means that for most job applications and background checks, you will not be legally required to disclose the expunged information. However, it is important to understand that expunged records may still be accessible to district attorneys and the courts for certain purposes, such as in the event of future criminal proceedings and sentencing.8 Additionally, there may be a delay in private entities that compile criminal history information updating their records to reflect the expungement.31 If you encounter issues with private background check companies continuing to report expunged information, you may have remedies available under the federal Fair Credit Reporting Act (FCRA).31

Common Challenges and How to Overcome Them

Returning citizens navigating the expungement process may encounter several challenges 1:

• Understanding Eligibility: The various eligibility requirements under the Second Chance Act can be complex and difficult to interpret.1 To overcome this, it is highly recommended to seek assistance from legal aid organizations or attorneys who specialize in expungement law. Many online resources and guides provided by legal aid organizations and the North Carolina courts can also offer valuable clarification.10
• Navigating Paperwork and Procedures: The process involves completing specific forms and adhering to particular procedures, which can be overwhelming.1 Utilizing the instruction sheets that typically accompany the expungement petition forms can be helpful. Additionally, seeking assistance from legal clinics, pro bono programs, or even the clerk of court for procedural guidance can make this step more manageable.10
• Waiting Periods: For convictions, the required waiting periods can be substantial, ranging from five to ten years, and require consistent adherence to the law.1 It is crucial to understand the specific waiting period that applies to your situation and to ensure that you maintain “good behavior” throughout that time, avoiding any new convictions other than minor traffic violations.1
• Fees and Costs: The $175 filing fee associated with certain expungements can be a financial burden for some returning citizens.1 Fortunately, there are provisions for fee waivers for individuals who meet specific low-income criteria or are receiving certain forms of public assistance.10 Exploring the possibility of obtaining a fee waiver is an important step for those facing financial constraints. Additionally, some organizations may offer financial assistance or free legal services for expungement.
• Impact of Other Convictions: Having convictions for offenses that are not eligible for expungement under the Second Chance Act (e.g., violent crimes, certain felonies) can prevent the expungement of otherwise eligible charges or convictions.11 It is essential to obtain a complete criminal record and consult with an attorney to understand how any other convictions on your record might affect your eligibility for expungement. They can help you explore all available options and determine the best course of action.11
• The “Second Chance Gap”: Despite the progress made by the Second Chance Act, a significant number of individuals who are eligible for expungement never actually receive this relief.8 This “second chance gap” is often due to a lack of awareness about the law, the complexity of the eligibility criteria and process, and financial barriers. To overcome this, it is crucial to increase awareness through community outreach and education, work towards simplifying the expungement process where possible, and provide greater resources and support to eligible individuals.3

Resources for Returning Citizens Seeking Expungement

Fortunately, a network of resources exists in North Carolina to assist returning citizens with the expungement process under the Second Chance Act 5:

• Legal Aid of North Carolina: Offers various programs, including the Second Chance Project, which provides assistance with expungement and driver’s license restoration.5 They have a statewide helpline (1-866-219-5262) and specific initiatives for residents of certain counties like New Hanover (Wilmington Second Chance Project) and Durham (Durham Expunction & Restoration Program – DEAR).5
• NC Second Chance Alliance: This statewide alliance brings together individuals with criminal records, their families, service providers, and community leaders to advocate for policies that support successful reentry, including expungement.5 Their website (ncsecondchance.org) likely provides valuable information and resources.
• NC Fair Chance: This organization partners with legal services agencies and District Attorneys across North Carolina to help individuals clear minor charges and unpaid fines from their records.46 Their website is ncfairchance.org.
• Local Reentry Councils: Many communities in North Carolina have local reentry councils that coordinate resources for formerly incarcerated individuals. A county-by-county guide may be available through resources like the NC Second Chance Alliance.47
• Law School Clinics and Pro Bono Legal Services: Some law schools in North Carolina and various bar associations offer legal clinics or pro bono services to assist eligible individuals with expungement petitions.24
• North Carolina Judicial Branch Website: This website (nccourts.gov) provides access to all the necessary expungement petition forms and often includes instruction sheets.17
• UNC School of Government’s Collateral Consequences Assessment Tool: This online tool (ccat.sog.unc.edu) can help individuals understand the potential statutory barriers they may face due to their criminal record.3

The Life-Changing Benefits of Expungement

Clearing a criminal record through expungement under the Second Chance Act can have profound and life-changing benefits for returning citizens 2:

• Improved Employment Opportunities: One of the most significant benefits of expungement is the potential for better employment prospects. With an expunged record, individuals are often not legally required to disclose past offenses to most employers, significantly increasing their chances of securing stable and meaningful work.1 Studies have even shown that individuals who successfully expunge their records can experience significant wage increases.12
• More Options for Housing: A criminal record can be a major obstacle when trying to rent an apartment or find suitable housing. Landlords often conduct background checks, and a past conviction can lead to automatic denial. Expungement can remove this barrier, providing returning citizens with more options for safe and stable housing.1
• Educational Opportunities: For individuals seeking to further their education, a criminal record can sometimes hinder admission to colleges or other educational programs, and it can also impact eligibility for certain types of financial aid. Expungement can help remove these obstacles, allowing returning citizens to pursue their academic goals.1
• Reduced Stigma and Improved Social Reintegration: Beyond the practical benefits, expungement can also have a profound emotional impact. It allows individuals to move forward in their lives without the constant burden and stigma associated with a criminal record, fostering a greater sense of self-worth and facilitating smoother social reintegration.1
• Restoration of Rights: While the Second Chance Act primarily focuses on expungement, clearing a criminal record can sometimes lead to the restoration of certain civil rights, such as the right to vote. However, it is important to note that the restoration of civil rights may involve separate processes depending on the specific right in question.36

The Importance of Seeking Legal Counsel

While it is possible to navigate the expungement process independently, it is highly recommended that returning citizens seek legal counsel from an attorney who specializes in North Carolina expungement law.1 Expungement laws can be complex and are subject to change, making it beneficial to have an expert guide you through the process.1 An attorney can help you accurately determine your eligibility for expungement based on the specifics of your criminal record.1 They can also ensure that all the necessary paperwork is completed correctly and filed with the court in the proper manner, helping to avoid potential delays or denials due to errors.1 If a court hearing is required in your case, having legal representation can be invaluable, as an attorney can present your case effectively and advocate on your behalf.1 For individuals who cannot afford to hire a private attorney, there are legal aid organizations and pro bono programs available that may be able to provide assistance with expungement petitions.5 Even in cases where automatic expungement may apply, consulting with an attorney can help ensure that the process goes smoothly and that any errors in your records are identified and addressed.49

Staying Informed: Recent Updates to the Second Chance Act

It is important for returning citizens to stay informed about any recent amendments or proposed changes to the Second Chance Act that could affect the expungement process.1 For instance, there have been recent developments regarding the automatic expungement of dismissed charges, including a temporary suspension and subsequent resumption of this provision.25 There have also been ongoing legislative discussions about potential changes to the Act, including proposals that could impact the automatic expungement of dismissed and not guilty charges.39 Staying updated on these developments can be crucial for understanding your rights and options. Resources such as the NC Second Chance Alliance and the NC Justice Center often provide updates on legislative changes related to expungement.5 Additionally, recent changes effective July 8, 2024, have revised the timing of automatic expunctions.25

Conclusion: Embracing a Brighter Future

The Second Chance Act represents a significant step forward in providing returning citizens in North Carolina with a meaningful opportunity to overcome the barriers created by their past criminal records.1 By expanding eligibility for expungement and streamlining the process in certain cases, the Act offers hope for a fresh start and a pathway towards successful reintegration into society.2 Returning citizens are encouraged to explore their eligibility for expungement under the Second Chance Act and to take the necessary steps to pursue this opportunity. While the process may present challenges, the potential benefits of a cleared record—including improved access to employment, housing, and education—can be truly transformative. By understanding the provisions of the Act, utilizing available resources, and, when possible, seeking legal counsel, returning citizens in North Carolina can navigate the expungement process effectively and embrace a brighter future, unburdened by the weight of past mistakes.

Table 1: Summary of Expungement Eligibility Under the Second Chance Act

Category of Expungement	Eligible Offenses	Waiting Period	Key Requirements
Juvenile Offenses	Misdemeanor or Class H or I felony committed at age 16 or 17 before 12/1/2019	None specified after completion of sentence	Offense before 12/1/2019, committed at age 16 or 17, completion of sentence, no outstanding restitution, excludes traffic and sex offenses.
Dismissed/Not Guilty Charges	All misdemeanor and felony charges dismissed or resulting in “not guilty”	None	Dismissal or “not guilty” verdict; automatic expungement for dispositions on/after 12/1/2021 (with exceptions); prior felonies no longer disqualify.
Non-Violent Misdemeanor Convictions	One or more non-violent misdemeanor convictions	5 years after sentence completion for one conviction; 7 years after sentence completion for multiple convictions	No new convictions (except traffic) during waiting period, no outstanding restitution, offense must be non-violent (excludes assault, Class A1 misdemeanors, etc.).
First-Time Non-Violent Felony	One non-violent felony conviction	10 years after sentence completion	No new convictions (except traffic) during waiting period, no outstanding restitution, felony must be non-violent (excludes Class A-G felonies, assault, certain drug offenses, etc.), only one felony conviction eligible.

Table 2: Step-by-Step Guide to the Expungement Process in North Carolina

Step	Action Required	Key Considerations
1	Obtain Your Criminal Record	Contact SBI or check courthouse records; check all counties where charges may have been filed.
2	Determine Your Eligibility	Compare your record to eligibility criteria; consider consulting with an attorney.
3	Complete the Necessary Petition Forms	Use correct form for the type of expungement; complete accurately; gather required supporting documents (e.g., affidavits).
4	File the Petition with the Clerk of Court	File in the county where the offense occurred; contact clerk for local procedures; pay filing fee or apply for a waiver.
5	Notification and Review Process	SBI background check; AOC review for prior expungements; notification of District Attorney and victims (if applicable).
6	Potential Hearing	Judge may review without a hearing or schedule one, especially for convictions or objections. Be prepared to present your case if required.
7	The Judge’s Decision and Order	Judge grants or denies the petition; if granted, you receive a copy of the expungement order; clerk notifies relevant agencies.
8	Removal of Expunged Records	Records removed from public view for most purposes; may still be accessible for future sentencing; potential delays with private entities.

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