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Last Modified on Oct 15, 2025
Having a federal record, whether convicted or not, can have a lasting impact on your opportunities in life. The process of having your criminal history sealed or destroyed can be a confusing, frustrating ordeal. W. James Payne Law Firm is here to explain strategies for navigating federal expungement in North Carolina.
About Us
At W. James Payne Law Firm, we’ve spent decades assisting the people in Fayetteville, Wilmington, Raleigh, and communities throughout North Carolina in federal legal matters. Attorney W. James Payne has practiced law since the 1980s and earned awards from several institutions, including being named a Super Lawyer for ten years in a row.
What is Federal Expungement
Thousands of people are accused and convicted of federal-level crimes each year. In 2023, federal authorities nationwide made 94,411 arrests, with 64,124 individuals sentenced. If you are one of the 600,000 people released from prison across the country each year, or have a dismissed charge that affects your life, you may be curious about whether you can have your criminal history removed.
Federal expungement is the legal process of requesting that your national criminal record be modified or erased. Most federal convictions and arrests are permanent and ineligible. A few unique circumstances that may apply include:
- Juvenile delinquency. Federal law prohibits access to juvenile records, effectively sealing them from public access.
- First-time federal drug possession. Under S.C. 3607, those convicted of a first-time drug offense may enter into a one-year probation and have charges dropped, or apply to have a guilty verdict expunged if they were under 21 when initially charged.
- Charges that were dismissed or dropped. If you were arrested, but not convicted, you can apply for federal expungement.
- Extraordinary circumstances. You may argue that you have extraordinary circumstances where your conviction is unfairly affecting your life. These cases are rare, typically requiring clear evidence that the initial verdict was unjust.
Initial Filing
If you are eligible for expungement, you can begin your case by drafting a Motion for Expungement. This document must include your personal information, the legal basis for modifying your record, and an argument for why it is necessary, such as evidence of your rehabilitation or proof of an unlawful arrest. The determining point for your petition is that your conviction or arrest history is not in the public interest.
You can file your expungement petition with the U.S. District Court system where your case was handled. For instance, if you live in Raleigh and were prosecuted there, you can submit your petition through the Eastern District of North Carolina at 310 New Bern Avenue, Raleigh, NC 27601.
Judge Verdict
After your petition, the courts review your request. A judge may deliver their verdict on paper or after a hearing. In a hearing, you can further argue why your expungement is necessary using case law or evidence of hardship caused by your record. The courts may grant your motion, deny it, order partial expungement, or issue a record sealing instead.
Alternatives to Expungement
The difficulty of federal expungement cases makes it important to understand existing alternatives you and your attorney can explore. One option is requesting that your federal record be sealed or have limited public access. Another is to file a motion to vacate, set aside, or correct a sentence you are currently serving. You can also petition the Office of the Pardon Attorney for a gubernatorial or presidential pardon.
Hire a Federal Expungement Lawyer
Federal expungement cases can be challenging to handle on your own, with easy mistakes resulting in an automatic denial. Hire a skilled federal expungement lawyer to assist you through the process. Your federal expungement attorney can review your case, explain your legal options, advise on the legal grounds for your argument, and be at your side at every stage.
FAQs
Do You Need an Attorney to Have a Federal Record Expunged in North Carolina?
Neither North Carolina nor federal laws mandate you hire an attorney to apply for a federal expungement. However, the process can be frustrating and confusing for those with little legal knowledge, and a few easy mistakes can result in extra costs and wasted time. An experienced lawyer can explain the process, assist with filing, and represent your case in hearings.
What Is the Difference Between State and Federal Expungements in North Carolina?
There are many differences between the state and federal level expungement processes in North Carolina. The first variance is eligibility. State-level convictions have many more opportunities for expungement, while federal-level sentences have limited circumstances where expungement is possible. Another distinction is the proceedings, and completing a federal expungement may not remove state-level events.
Do Expunged Records Show Up on Federal Background Checks?
Whether expunged records show up on federal background checks is an important question many wonder about. After a complete federal expungement process, public-access checks utilized by non-government entities typically cannot see the expunged history. These records may appear through Department of Justice queries or security clearance checks for federal agencies. In these instances, the expunged status may be noted.
If you are concerned about a particular background check, discuss the situation with your federal expungement attorney.
How Long Does the Expungement Process Take in North Carolina?
How long your North Carolina federal expungement case takes to resolve is based on the severity of the crime, whether it’s a conviction or charge, and the court workload. A wrongful misdemeanor allegation tends to take less time than a felony with a guilty verdict. Your attorney can provide a loose timeline for how long your particular situation may take.
Speak With a Federal Expungement Attorney Today
Our team at W. James Payne Law Firm understands how daunting the expungement process can be. We have decades of experience navigating both state and federal level courts, and can use our knowledge to help with your case.
Contact us today to schedule an initial consultation via phone or through our online request form. During our meeting, we can discuss the details of your story, difficulties you may face, and potential options. You may also visit one of our three offices in Shallotte, Wilmington, and Marshall.
