{"data":{"id":"us-nc/n.c.-gen.-stat.-15a-145.6","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 15A-145.6","heading":"Expunctions for certain defendants convicted of prostitution.","body":"(a)\tThe following definitions apply in this section:\n(1)\tProstitution offense. - A conviction for (i) violation of G.S. 14-204 or (ii) engaging in prostitution in violation of G.S. 14-204(7) for an offense that occurred prior to October 1, 2013.\n(2)\tViolent felony or violent misdemeanor. - A Class A through G felony or a Class A1 misdemeanor that includes assault as an essential element of the offense.\n(b)\tA person who has been convicted of a prostitution offense may file a petition in the court of the county where the person was convicted for expunction of the prostitution offense from the person's criminal record provided that all the following criteria are met:\n(1)\tThe person has not previously been convicted of any violent felony or violent misdemeanor under the laws of the United States or the laws of this State or any other state.\n(2)\tThe person satisfies any one of the following criteria:\na.\tRepealed by Session Laws 2019-158, s. 4(a), effective December 1, 2019, and applicable to petitions filed on or after that date.\nb.\tThe person has no prior convictions for a prostitution offense and at least three years have passed since the date of conviction or the completion of any active sentence, period of probation, and post-release supervision, whichever occurs later.\nc.\tThe person was discharged and the charge was dismissed upon completion of a conditional discharge under G.S. 14-204(b).\n(c)\tThe petition shall contain all of the following:\n(1)\tAn affidavit by the petitioner that the petitioner (i) has no prior conviction of a violent felony or violent misdemeanor, (ii) has been of good moral character since the date of conviction of the prostitution offense in question, and (iii) has not been convicted of any felony or misdemeanor under the laws of the United States or the laws of this State or any other state since the date of the conviction of the prostitution offense in question.\n(2)\tAffidavits of two persons, who are not related to the petitioner or to each other by blood or marriage, that they know the character and reputation of the petitioner in the community in which the petitioner lives and that the petitioner's character and reputation are good.\n(3)\tA statement that the petition is a motion in the cause in the case wherein the petitioner was convicted.\n(4)\tAn application on a form approved by the Administrative Office of the Courts requesting and authorizing (i) a State and national criminal history record check by the State Bureau of Investigation using any information required by the Administrative Office of the Courts to identify the individual; (ii) a search by the State Bureau of Investigation for any outstanding warrants or pending criminal cases; and (iii) a search of the confidential record of expunctions maintained by the Administrative Office of the Courts. The application shall be filed with the clerk of superior court. The clerk of superior court shall forward the application to the State Bureau of Investigation and to the Administrative Office of the Courts, which shall conduct the searches and report their findings to the court.\n(5)\tAn affidavit by the petitioner that no restitution orders or civil judgments representing amounts ordered for restitution entered against the petitioner are outstanding.\n(d)\tThe 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.\n(e)\tThe court in which the petition was filed shall take the following steps and shall consider the following issues in rendering a decision upon a petition for expunction of records of a prostitution offense under this section:\n(1)\tCall upon a probation officer for additional investigation or verification of the petitioner's conduct during the period since the date of conviction of the prostitution offense in question.\n(2)\tReview any other information the court deems relevant, including, but not limited to, affidavits or other testimony provided by law enforcement officers and district attorneys.\n(f)\tThe court shall order that the person be restored, in the contemplation of the law, to the status the person occupied before the arrest or indictment or information if the court finds all of the following after a hearing:\n(1)\tThe criteria set out in subsection (b) of this section are satisfied.\n(2)\tThe petitioner has remained of good moral character and has been free of conviction of any felony or misdemeanor, other than a traffic violation, since the date of conviction of the prostitution offense in question.\n(3)\tThe petitioner has no outstanding warrants or pending criminal cases.\n(4)\tThe petitioner has no outstanding restitution orders or civil judgments representing amounts ordered for restitution entered against the petitioner.\n(5)\tThe search of the confidential records of expunctions conducted by the Administrative Office of the Courts shows that the petitioner has not been previously granted an expunction, other than an expunction for a prostitution offense.\n(g)\tThe effect of an expunction under this section is governed by G.S. 15A-153, except that the protected nondisclosure under G.S. 15A-153(b) does not apply to a sentencing hearing when the person has been convicted of a subsequent criminal offense.\n(g1)\tPersons pursuing certification under the provisions of Article 1 of Chapter 17C or Article 2 of Chapter 17E of the General Statutes, however, shall disclose any and all prostitution convictions to the certifying Commission regardless of whether or not the prostitution convictions were expunged pursuant to the provisions of this section.\n(g2)\tPersons requesting a disclosure statement be prepared by the North Carolina Sheriffs' Education and Training Standards Commission pursuant to Article 3 of Chapter 17E of the General Statutes, however, shall disclose any and all felony convictions to the North Carolina Sheriffs' Education and Training Standards Commission regardless of whether or not the felony convictions were expunged pursuant to the provisions of this section.\n(g3)\tPersons 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(h)\tThe court shall also order that the conviction of the prostitution offense be expunged from the records of the court and direct all law enforcement agencies bearing record of the same to expunge their records of the conviction. The clerk shall notify State and local agencies of the court's order as provided in G.S. 15A-150.\n(i)\tAny other applicable State or local government agency shall expunge from its records entries made as a result of the conviction ordered expunged under this section. The agency shall also reverse any administrative actions taken against a person whose record is expunged under this section as a result of the charges or convictions expunged. This subsection shall not apply to the Department of Justice for DNA records and samples stored in the State DNA Database and the State DNA Databank.\n(j)\tAny person eligible for expunction of a criminal record under this section shall be notified about the provisions of this section by the probation officer assigned to that person. If no probation officer is assigned, notification of the provisions of this section shall be provided by the court at the time of the conviction of the prostitution offense which is to be expunged under this section. (2013-368, s. 11; 2014-100, s. 17.1(o); 2017-195, s. 1; 2019-158, s. 4(a); 2021-107, s. 7(d); 2023-134, s. 19F.4(oo); 2025-25, s. 31(g).)","path":["Chapter 15A. Criminal Procedure Act.","SUBCHAPTER I. GENERAL.","Article 5. Expunction of Records."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-145.6.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:56:42Z","sha256":"3c08988f34bd344ae1fd5cc1ddd78b99dc4bb80dcd040b1bcc8ab5f3411c66b2","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-15a-145.5","next":"us-nc/n.c.-gen.-stat.-15a-145.7"},"notice":"GroundRules: Original legal text. Not legal advice."}