You’ve done everything the court asked—paid the fines, fulfilled your sentence, and turned your life around. But when it comes to getting a job, renting an apartment, or applying for a loan, that DWI (driving while impaired) conviction still hangs over your head like a shadow you can’t shake. So the question becomes: Can I expunge a DWI from my record in North Carolina?
Key Takeaways
- DWI convictions in North Carolina cannot be expunged under current law, whether misdemeanor or felony.
- Dismissed or acquitted DWI charges are eligible for expungement, often with no cost and no waiting period.
- Expunging a dismissed DWI removes it from public view, prevents it from appearing on most background checks, and helps protect job and housing prospects.
- The expungement process requires filing a petition in the county where the case originated and court approval, which can take several months.
- A DWI conviction stays on your record permanently and may impact sentencing for 10 years, insurance for 3 years, and employment indefinitely.
- A local defense attorney can help streamline the process, avoid costly mistakes, and explore additional expungement opportunities.
- Act quickly if your case was recently dismissed, as timing can affect your ability to clear your record efficiently.
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The Harsh Reality of DWI Convictions in NC
Impaired driving is a serious offense with long-lasting consequences in the Tar Heel State. A conviction can result in jail time, hefty fines, license suspension, community service, and mandatory substance abuse treatment. But the consequences don’t stop after sentencing. A DWI on your record can:
- Impact employment opportunities,
- Increase car insurance rates,
- Limit access to housing or loans, and
- Damage your personal and professional reputation.
Even a single misdemeanor DWI can follow you for years, which leads many to ask about DWI expungement in NC.
Can a DWI Be Expunged in NC?
Unfortunately, current state law does not allow you to expunge a DWI conviction from your criminal record. This applies to both misdemeanor and felony DWI charges. State law is particular about which offenses are eligible for expungement and explicitly excludes DWIs from that list.
Can I Expunge a Dismissed DWI Charge?
If your DWI case was dismissed or acquitted at trial, you are likely eligible for expungement without any cost, and often, no waiting period is required.
The key benefits of expunging an eligible dismissed DWI charge are that it will be sealed from public view, it will not appear in most background checks, and you will not have to disclose the charge to most employers.
How Do I Get My DWI off My Record in NC?
If your DWI case ended in dismissal or acquittal, here’s what the expungement process typically looks like:
- Obtain a copy of your case file and court disposition;
- File a petition for expunction in the county where the charge originated;
- Wait for review by the district attorney and judge; and
- If approved, the court will remove the charge from your public record.
This process to expunge a DWI in NC can take several months, and accuracy in filing is crucial. Any misstep may delay or jeopardize your expungement. Working with a local defense attorney can streamline the process and increase your chances of success.
How Long Does a DWI Stay on Record in NC?
A DWI conviction remains on your criminal record permanently and can be considered a prior offense for up to 10 years for sentencing purposes. It may also be visible to employers indefinitely and impact insurance rates for up to three years unless it is sealed or expunged.
Why Talk to a Local Expungement Lawyer?
As it stands, the law excludes DWI convictions from expungement eligibility, but speaking with a defense attorney can still help you:
- Explore expungement options for dismissed charges,
- Identify any other eligible charges you may be able to remove,
- Understand your rights when applying for jobs or housing, and
- Develop strategies for addressing your record with potential employers.
Acting quickly if your case is pending or recently dismissed can protect your future. The courts process these petitions on a rolling basis, and time matters.
Let Us Help You Move Forward
You’ve worked hard. Don’t let one charge continue to hold you back. At Tetterton Law Firm, PLLC, we know the weight a DWI can carry, and we’re here to help you put that chapter behind you wherever the law allows.
Call us today for a confidential consultation. We’ll review your situation and guide you through your best legal options because your past shouldn’t define your future.
Resources:
- Effect of expunction. North Carolina General Statutes § 15A-153, link
- Expunction of certain misdemeanors and felonies. NCGS § 15A-145.5, link
- Expunctions. North Carolina Judicial Branch, link
- Expungements. North Carolina State Bureau of Investigation, link
As a lifelong North Carolinian, he has a deep understanding of the state and local legal processes. He also has extensive experience in providing legal representation against a wide array of offenses
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