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DUI Expungement in North Carolina

North Carolina does not allow for expungement of a DUI conviction.  The state does allow for convictions to be sealed so that they may only be viewed by court representatives, but this is only allowed in very limited circumstances.

However, North Carolina does allow a one-time expungement of a DUI arrest and charge.  This means that if a driver is arrested and subsequently charged with an impaired driving offense but the case is dismissed or the defendant is found not guilty at trial, the record of arrest and charge may be expunged.  When the record is expunged, it will no longer show up on the individual’s record, which could have significant impact on the person’s life.  Even without a conviction, an arrest and charge of an impaired driving offense can be embarrassing for an individual.  Having this on your record can also negatively impact an individual when applying for a job, applying for admittance into a school, or even when hoping to rent a car or apartment.

In order to have an arrest and charge expunged, the driver must file an application in civil court in the county in which he or she was charged.  This may also require the individual to serve notice on certain other parties, such as the district attorney, in order to notify them of the application and any upcoming hearing on the application.  If the driver has not had a previous expungement and has not been convicted of a felony, the court will usually be required to expunge the charge and arrest.  This may also require expunging any DNA or other evidence that was collected as a result of the arrest and charge.  While hiring legal counsel to assist in the expungement process will ensure that all requirements of the process are properly fulfilled, it is not necessary to do so in order to have parts of an individual’s record expunged.

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