You were young, you made a mistake, and a court gave you a conviction you have been carrying ever since. Now you are applying for jobs, filling out housing applications, or looking into a professional license, and that charge keeps showing up. The damage it does has nothing to do with who you are today. At Tetterton Law Firm, PLLC, we help people in exactly this position move forward by seeking to clear eligible records.
Contact us at 252-728-1373 to discuss your case.
Key Takeaways
- A conviction for driving after consuming alcohol while under 21 may be eligible for expungement under North Carolina law if specific statutory requirements are met.
- You must wait at least two years from the date of conviction, or until probation is completed, whichever is later, before filing for expungement.
- Eligibility requires no prior felonies or non-traffic misdemeanor convictions, good behavior since the conviction, and no outstanding restitution orders.
- The type of charge matters critically: a standard adult impaired driving conviction is not eligible for expungement even if you were underage at the time.
- Once granted, expungement removes the record from public view and means you are not required to disclose the charge on most job or housing applications.
- Tetterton Law Firm focuses exclusively on criminal and traffic law in Carteret County and can help determine eligibility and file the petition correctly.
Jump to a Topic
What Is Underage DWI Expungement in NC and Who Qualifies?
Expungement (called “expunction” under North Carolina law) is the legal process of removing certain arrests, charges, or convictions from public records so they are no longer visible in most background checks.
In North Carolina, a person convicted of driving after consuming alcohol while under 21, a Class 2 misdemeanor, may qualify to have that conviction expunged. The specific charge matters, and not every alcohol-related driving offense qualifies, which is why reviewing your record with an attorney before filing anything is the right first step.
What Are the Underage Drinking and Driving Laws in NC on Expungement Eligibility?
North Carolina law sets out specific conditions a petitioner must meet before a court will grant an expunction (expungement). All of the following must be true:
- You were under 21 at the time of the offense;
- You have no prior convictions other than traffic violations;
- At least two years have passed since the date of conviction, or you have completed any period of probation, whichever comes later;
- You have maintained good behavior since the conviction; and
- You have no outstanding restitution orders or civil judgments entered against you.
Meeting every condition on this list is required. Failing on even one condition disqualifies the petition for expunction.
What Does Expungement Actually Do to Your Record?
A granted expunction order directs the court, law enforcement agencies, the Division of Motor Vehicles, and other state and local agencies to remove all public records tied to the arrest and conviction. Once the order takes effect, you are not required to disclose the charge in response to questions about your criminal history, and employers conducting background checks will not find it. The law treats the conviction as if it never happened, subject to narrow statutory exceptions that an attorney can walk you through.
Does the Type of Charge Affect Expungement of an Underage DUI in NC?
Yes, and this is where many people get tripped up. Being underage when the arrest happened does not automatically mean you were charged under the underage-specific statute. North Carolina can charge a driver under 21 with the standard adult impaired driving offense or the underage impaired driving offense. Those two charges carry very different outcomes.
A standard adult impaired-driving conviction, even if you were underage at the time, is not eligible for expungement under North Carolina’s general expunction statute. In contrast, the Class 2 misdemeanor underage charge may be eligible for expungement if you meet all the qualifications.
If you are not sure which charge is on your record, pull your charging documents or speak with an attorney before making assumptions. That distinction determines everything.
How Do You File for Under-21 DWI Expungement in NC?
The expunction process starts with a petition filed in the county where the conviction occurred. North Carolina requires a $175 filing fee, payable to the clerk of the superior court at the time of filing. The district attorney receives a copy of the petition and has 30 days to file an objection.
The court then holds a hearing, reviews the record, and determines whether the petitioner meets all of the statutory requirements. If the court grants the petition, it issues an order directing all relevant agencies to expunge their records.
An attorney can assist with the petition preparation, filing, and hearing, so nothing procedural stands between you and the outcome you are working toward.
Why Tetterton Law Firm, PLLC Is the Right Call for Underage DWI Expunction in NC
A charge you picked up as a teenager should not follow you into a job interview, a lease application, or a professional licensing review years later. Josh Tetterton grew up in North Carolina and has spent his legal career here, which means he understands not just the law but the real-world weight a record carries in this state.
The firm focuses exclusively on criminal and traffic law in Carteret County, serving clients in Beaufort, Morehead City, and Newport, and we take seriously the responsibility of helping people put a single mistake behind them for good. Reach out today for a free consultation and find out whether expunction is within reach.
One Conversation Today Could Change Everything
A single call to a DWI attorney at Tetterton Law Firm, PLLC is all it takes to find out whether expungement is an option for you. Because eligibility depends on specific statutory requirements and the details of your record, if you are seeking expungement of an underage DUI in NC, early legal review can help you avoid delays or denied petitions. The sooner you start the process, the sooner that record may stop affecting your opportunities.
FAQs
Can an Underage DWI Be Expunged in North Carolina?
A conviction for driving after consuming alcohol while under 21 may be eligible for expunction in North Carolina if the petitioner meets the eligibility requirements under state law, including age at the time of the offense, good behavior since conviction, and no prior disqualifying criminal record. Not every alcohol-related driving charge qualifies, so reviewing your specific charge with an attorney is the necessary first step.
How Long Do I Have to Wait to Expunge an Underage DWI in NC?
You must wait at least two years from the date of conviction, or until you complete any period of probation, whichever is later.
What Are the Requirements to Qualify for DWI Expungement as a Minor in NC?
You must have been under 21 at the time of the offense, have no prior felonies or non-traffic misdemeanor convictions, have maintained good behavior since the conviction, and have no outstanding restitution orders or civil judgments against you.
Legal References Used to Inform This Page:
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Expunction of Misdemeanors for First Offenders Under 18 and Underage Persons Possessing Alcohol, N.C. Gen. Stat. § 15A-145(a).
- Driving by a Person Less Than 21 Years Old After Consuming Alcohol or Drugs, N.C. Gen. Stat. § 20-138.3(c).
- Expunction of Certain Misdemeanors and Felonies, no Age Limitation, N.C. Gen. Stat. § 15A-145.5(a1).
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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