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Law Enforcement (Police) Access to Expunged RecordsExpunged charges are removed from public police records, but law enforcement may still have limited access in specific ways. By law, after an expungement is granted, the charge is “deleted” from the records of law enforcement agencies and other government databases. This means a local police department or sheriff’s office is supposed to erase the expunged charge from its files available to the public. However, North Carolina maintains a confidential system that keeps sealed information on expunged cases for use by the justice system. Police and other law enforcement agencies can access an expunged record only for certain purposes, such as if you apply for a law enforcement job or certification. In fact, if you seek employment as a police officer or similar role, you are required to disclose expunged convictions during the background process. Outside of those narrow uses, an expunged charge should not be visible to or shared by law enforcement. Police officers cannot lawfully disclose or use an expunged record against you in a new investigation or routine traffic stop. In short, rank-and-file officers will not see an expunged charge during a normal records check, but the information isn’t entirely gone from all law enforcement reach.
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Prosecutors’ AccessSimilar to the police, prosecutors (District Attorneys) have special, limited access to expunged records. An expunged charge will not appear in the public court system or standard criminal record lookup, so a prosecutor reviewing someone’s record for a new case won’t see the expunged matter in the usual databases. However, North Carolina’s Second Chance Act gave DAs the ability to retrieve and use expunged records for specific legal purposes. For example, if the person re-offends, a prosecutor can consider the expunged charge or conviction when making decisions in the new case. Expunged convictions may be used to calculate prior-record level in sentencing for a later offense. In other words, if you had a conviction expunged and then you are convicted of a new crime, the prosecutor and court can still treat the expunged conviction as a prior offense for sentencing even though it’s hidden from the public.
This is explicitly outlined in North Carolina General Statute § 15A-151.5(b)(1), which states that for any expungement granted on or after July 1, 2018, the expunged criminal record may be considered a prior conviction and used to calculate prior record level if the defendant is convicted of a subsequent criminal offense.
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Therefore, while an expungement removes a conviction from public records, it does not erase it entirely within the judicial system. Prosecutors and courts retain access to expunged records for specific purposes, including determining sentencing in the event of future convictions.
Outside of courtroom uses like sentencing or determining eligibility for another expungement, prosecutors cannot publicly disclose an expunged charge. The law confines their access to contexts like criminal justice proceedings. Like law enforcement, prosecutors must respect that the record was legally erased and keep it confidential beyond those limited uses.
Judges and Court OfficialsNorth Carolina’s court system keeps a confidential file of all expunged cases, which judges can view under limited circumstances. This confidential record is maintained by the Administrative Office of the Courts and is not open to the public. A judge may look at an expunged record to find out, for instance, whether a defendant has previously had an expungement or to consider an expunged conviction when setting a sentence as allowed by law. For example, judges are expressly permitted to see if someone was granted an expungement before, since certain expungements can only be given once. In sentencing, a judge can also be made aware of an expunged prior conviction if the law says it counts toward sentencing enhancements. Beyond these purposes, court officials will treat the expunged charge as if it never existed. Clerks seal the files, and the case no longer appears on public court dockets. Importantly, an expunged charge is invisible to jurors, the general public, and anyone outside the justice system. Even within the justice system, any access by a judge or DA is for “eyes only” and legal evaluation – the record remains sealed in court archives, not public view.
Occupational Licensing BoardsMost state licensing boards (for professions like nursing, teaching, contracting, etc.) do not have direct access to expunged criminal records. If a charge or conviction is expunged, it should not show up on the background check that a licensing agency conducts. North Carolina law forbids state or local government agencies (which include licensing boards) from denying an application solely because an applicant refuses to disclose an expunged arrest or conviction. In fact, agencies must inform applicants that they do not need to reveal expunged charges when answering background questions.
This is explicitly outlined in North Carolina General Statute § 15A-153(d), which states that state and local government agencies must advise applicants that they are not required to disclose expunged arrests or convictions. Furthermore, an application cannot be denied solely because the applicant refuses or fails to disclose such information.
Therefore, applicants are legally protected from having to disclose expunged records, and agencies are required to inform them of this right. Denial of an application based solely on an applicant's refusal to disclose expunged information is prohibited under North Carolina law.
This means if a professional license application asks about your criminal history, you can omit any expunged incidents. The licensing board is expected to honor the expungement and evaluate your application without considering the erased offense. Moreover, if a board had taken some action against a person (like denying or revoking a license) due to a charge that later got expunged, the board is required to vacate that action and allow the person to reapply as if the charge never occurred. This was clarified by North Carolina law to ensure expunged records truly don’t haunt someone’s professional life.
Bottom line: Licensing commissions generally see the same clean record that an employer would see after expungement. They cannot penalize you for an expunged matter, and they must treat you as if you have no record in that case. An important exception is for law-enforcement related certifications – as noted, those commissions (for police officers or deputies) can require disclosure of expunged convictions during their vetting.
Private Employers and Background ChecksPrivate employers cannot see an expunged charge on a routine background check. Once expunged, the charge is removed from the public databases that employers or consumer reporting agencies search. North Carolina law makes it illegal for employers or colleges to even ask about expunged records in job applications or interviews. Employers are prohibited from requiring you to disclose an expunged arrest or conviction, and you are legally allowed to omit it as if it never happened. If an employer somehow knows of an expunged charge (for example, if they heard rumors or an old report), they still cannot lawfully inquire further or use that information. In fact, reputable background check companies receive notices of expungements and should destroy any record of that charge. Some larger background screening firms have agreements with the state and are notified to update their data. By law, if a company has been notified of the expungement, they must remove it from their reports.
Additionally, North Carolina has ensured that if an employer is required by law to run a background check for certain jobs, they “shall not be deemed to have knowledge” of any expunged conviction that doesn’t show up. In plain language, this means when you apply for work, the employer is expected to proceed as if the expunged charge never existed.
Specifically, North Carolina General Statute § 15A-145.5(d3) sets forth in relevant part:
"Persons 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."
This means that when an employer is legally mandated to conduct a criminal history check, they are not considered to have knowledge of any convictions that have been expunged. In practical terms, if an expunged conviction does not appear on a background check, the employer is expected to proceed as if the conviction never existed.
Under North Carolina law, private employers generally cannot require you to disclose expunged charges or convictions, and you are permitted by law to act as if the expunged incident never occurred when answering employment-related questions. Employers are legally prohibited from directly using an expunged arrest or conviction against you in employment decisions.
However, it is important to emphasize that certain exceptions apply, particularly in specialized fields such as law enforcement. When applying for a law enforcement or similar sensitive government position, North Carolina law explicitly requires you to disclose expunged criminal records, including convictions, and these may legally be used in the evaluation process. Failing to disclose an expunged charge when required by law, such as on applications for certain sensitive or law enforcement positions, can result in legitimate penalties, denial of employment, or even termination.
Additionally, expunged charges can still be considered by courts in specific, limited contexts. For example, if you are convicted of a new offense, an expunged conviction can be used to calculate your sentencing level, potentially leading to harsher penalties.
Thus, while expungements significantly limit who can view and act on expunged charges, making them invisible to most employers, licensing boards, and the general public, it is incorrect to state universally that you “cannot be punished” due to an expunged record. Certain legally defined circumstances do permit limited access and consequences based on expunged charges.
Important Note: While an expunction clears your record in the official court system, some private companies compile and sell personal data, including past arrest records. These third-party databases may not update their information promptly, or at all, after an expunction is granted. As a result, even after a court has expunged your record, the arrest or charge may continue to appear in certain background checks conducted by private entities.
Considerations and Recent Updates to the NC Expunction LawIf you're facing criminal charges in Durham and have questions about your specific situation, Cole Williams Law provides clear, thoughtful legal guidance. To speak directly with Cole, call (919) 688-2647. He's here to help you understand your options and navigate your next steps with confidence.