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Instructions for Petition and Order of Expunction

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INSTRUCTIONS FOR PETITION AND ORDER OF EXPUNCTION UNDER G.S. 15A-145.2
(DRUGS/DRUG PARAPHERNALIA)
FORM AOC-CR-266, Rev. 12/17

The procedure for completion of the AOC-CR-266, Petition And Order Of Expunction Under G.S. 15A-145.2, and obtaining a hearing on the petition is as follows:

1. Print clearly and legibly, using only black ink. If you wish to submit a typed petition, the form is available electronically on the NCAOC's website at www.nccourts.org/Forms/FormSearch.asp. In the "Form Number" field, enter the number of the petition, AOC-CR-266. Searching by the form number will provide you with a link to a fillable PDF version of the form.

2. For petitions under G.S. 15A-145.2(a) or (c), no order should be entered until this form has been completed by the petitioner, a judge, the State Bureau of Investigation (SBI), and the Administrative Office of the Courts (NCAOC) and has been returned to the clerk of superior court as explained below. For petitions under G.S. 15A-145.2(b), reports from the SBI and NCAOC are not required and should not be requested, so the clerk should schedule a hearing on the petition upon filing and payment of the fee described below.

3. The petitioner or attorney should complete all offense information on Side One of the form from the court file. Please pay special attention to correctly identifying the arresting agency(ies) and any other State or local agency that has a record of the case. Do not list the courts, the State Bureau of Investigation, the Department of Public Safety, or the Division of Motor Vehicles; if the order is granted, those agencies will be notified automatically. Do not list any private entity, like a company that provides criminal background checks. The clerk will not send a copy of the order to any entity that is not an agency of the State of North Carolina or one of its local governments. A private entity required to expunge records will be notified directly by the State or local agencies that distribute criminal justice information to that entity.

4. Complete and sign the petition. If seeking an expunction under G.S. 15A-145.2(a), attach the affidavits required by that subsection. The affidavits are listed in No. 14 below. (NOTE: There are no NCAOC forms for these affidavits.)

5. If seeking an expunction under G.S. 15A-145.2(a) or (c), follow the clerk's instructions for obtaining a judge's signature on the "Request By Judge" and for forwarding the petition to the SBI. If seeking an expunction under G.S. 15A-145.2(b), request that the clerk schedule the petition for hearing.

6. For petitions under G.S. 15A-145.2(a) or (c), the SBI will complete the Criminal History Record Information and forward it to the NCAOC.

7. The NCAOC will complete the record and mail it to the clerk in the county where the expunction is pending.

8. The clerk places the sealed envelope in the file, to be opened by the presiding judge when the application is heard.

9. It is the responsibility of the petitioner to determine when the AOC-CR-266 has been returned and to ask the clerk or DA to schedule the petition for hearing.

10. For expungements under G.S. 15A-145.2, a fee of $175.00 must be paid to the clerk prior to the petition being heard.

11. If an order of expunction is entered, the clerk makes copies of the order, completes "Certification By Clerk" on each copy, and sends certified copies to the petitioner, the State Bureau of Investigation, the Department of Public Safety, the Division of Motor Vehicles, the arresting agency and any other State or local government agency identified on the petition, and the NCAOC.

NOTE: The petitioner should obtain a certified copy of the final order from the clerk. If you move, you must notify the clerk in writing of your change of address in order to receive a certified copy. After the case is expunged, the clerk will have no record of the case and will be unable to provide any documentation of the case. This includes the expunction order; it will be destroyed with the case file.

12. The clerk retains the original order of expunction to be disposed of with the papers in this case.

13. If the petition is denied, the clerk will retain the original of the denied petition, but any information from the SBI or NCAOC shall be destroyed, unless the court orders otherwise.

14. List of required affidavits for an expungement under G.S. 15A-145.2(a):

(1) An affidavit by the petitioner that he or she has been of good behavior during the period of probation since the decision to defer further proceedings on the offense in question and has not been convicted of any felony or misdemeanor other than a traffic violation under the laws of the United States or the laws of this State or any other state; and

(2) Verified affidavits by 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 he or she lives, and that the petitioner's character and reputation are good.

NOTE TO PETITIONER: The expunction of your case information from the records of the court and of other State and local government agencies does not guarantee that the information will be expunged from all other sources. Private companies routinely acquire copies of criminal records from State and local criminal justice agencies. Certain private entities are required to expunge your case information upon receiving notice of the expunction order, but there may be a delay between entry of the order of expunction and deletion from the entity's records. Further, that duty to expunge does not apply to all private entities. If a private entity distributes information about your expunged case, contact the private entity to determine which government agency was the source of the information, and then contact that government agency to determine whether or not the expunction order was received. If the private entity claims that the NCAOC was the source of the information, contact the NCAOC's Remote Public Access office at rpa@nccourts.org or (919) 890-2220 to investigate the entity's claim.

AOC-CR-266 Instructions, Rev. 12/17, 2017 Administrative Office of the Courts

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What the Instructions for Petition and Order of Expunction Are

The Instructions for Petition and Order of Expunction explain how to prepare, submit, and follow up on a court petition asking a judge to expunge (remove) qualifying criminal records from public access. They describe eligibility checks, required attachments, formatting and signature rules, where to file, service and notice steps, hearing preparation, and the post-order process for notifying agencies and record holders to implement the order.

Why Clear Instructions Matter for Expunction Filings

Precise instructions reduce filing delays, help ensure legal compliance, and improve the chance that a petition will be processed correctly and promptly.

Why Clear Instructions Matter for Expunction Filings

Who Typically Uses These Instructions

These instructions are used by individuals petitioning to clear eligible records, attorneys preparing petitions, and court staff reviewing filings.

  • Self-represented petitioners preparing the required forms and supporting documents for court submission.
  • Criminal defense attorneys or civil legal aid lawyers drafting petitions and drafting proposed orders.
  • Court clerks and clerical staff who check for completeness and route petitions for judicial review.

Clear roles and expectations in the instructions reduce procedural errors and support timely court action.

Who Signs and Files

Petitioner — Individual

An adult petitioner signs the petition under penalty of perjury and provides government‑issued ID and any required declarations; accuracy is critical for identity verification and eligibility determinations.

Attorney — Counsel

An attorney of record signs on behalf of a client when authorized, attaches a signed notice of appearance, and follows local rules for filing and service on opposing parties or the prosecutor.

Key Parts of Professional Expunction Instructions

A complete instruction set explains eligibility, required attachments, fillable fields, signature and notarization requirements, filing destinations, and post-order notification steps.

Eligibility

Clear checklist of qualifying dispositions, conviction types, and statutory waiting periods to determine whether expunction is allowed.

Supporting Documents

List of required attachments such as certified disposition, arrest reports, identification, and certificates of completion for related programs.

Filing Instructions

Exact court name, courthouse address, and electronic filing portal or clerk contact details for submission and service.

Signature & Notary

Who must sign, whether notarization or witnesses are required, and acceptable authentication methods for electronic signatures.

Proposed Order

A signed, editable proposed court order the judge can sign and the clerk can enter into the record.

Post-Order Steps

Instructions for sending the signed order to law enforcement, courts, and background-checking agencies for record correction.

Step-by-Step: Preparing and Filing the Petition

Follow these steps in order to prepare, verify, file, and follow up on an expunction petition.

  • 01
    Check Eligibility: Verify statutory eligibility and waiting periods before preparing a petition.
  • 02
    Gather Documents: Obtain certified disposition, arrest records, and ID for attachment.
  • 03
    Complete Forms: Fill fields exactly, sign where required, and prepare a proposed order.
  • 04
    File and Serve: File with the correct court office and serve required parties per local rules.

Overview of the Filing Workflow

This workflow shows the typical sequence from draft to final order implementation.

  • Draft Petition: Prepare petition and attach certified records.
  • Submit to Court: File in person, by mail, or via e-file if available.
  • Serve Parties: Notify prosecutor or affected agencies as required.
  • Obtain Signed Order: Judge signs proposed order; clerk enters the order.

Configuration for Online Completion and eFiling

Configure your document and e‑filing settings before final submission to reduce errors and meet court requirements.

Field Configuration
Signature Type Specify handwritten image, typed name, or cryptographic signature
Authentication Use email link, SMS code, or stronger ID verification when required
File Format PDF/A or court-accepted PDF with embedded fonts
Audit Trail Enable timestamps, signer IP, and completion certificate

Technical and Compliance Considerations for eSubmission

Ensure the chosen eSignature and e‑file platform supports required security, audit trails, and file formats before submitting.

  • File Formats: PDF, PDF/A, DOCX accepted by many courts
  • Authentication: Email, SMS, KBA, or stronger methods
  • Audit Trail: Timestamped record required for evidentiary integrity

Consequences of Incomplete or Incorrect Filings

Rejection or Delay: Loss of filing date
Denial of Relief: Merits not considered
Perjury Exposure: False statements risk criminal sanctions
Additional Fees: Refiling or correction fees
Privacy Risk: Improperly shared records
Incomplete Implementation: Agencies may not update records

Common Pitfalls to Avoid

  • Submitting uncertified or mismatched disposition records that force clerks to reject or delay the petition.
  • Using inconsistent names or dates across attachments, causing identity verification failures and additional requests.
  • Neglecting local court e‑file rules or required service on prosecutors, which can render the filing incomplete.
  • Failing to include a proposed order or clear implementation instructions, leaving agencies uncertain how to update records.

Typical Timeframes and Scheduling Considerations

Timeframes depend on statutory waiting periods and court calendars; plan filings to accommodate notice periods and potential hearings.

Statutory Waiting Period:

Varies by statute; often 30–180 days

Clerk Review:

Administrative check can take days to weeks

Hearing Scheduling:

May be set 30–120 days after filing

Agency Processing:

Agencies may take weeks to update records

Appeal Period:

Time to appeal varies by jurisdiction

Expunction Versus Record Sealing: Key Differences

Understanding the distinction between expunction and sealing helps you choose the correct remedy and craft an appropriate petition.

Criteria Expunction Sealing
Effect on Public Record removes data restricts access
Typical Eligibility limited convictions broader eligibility
Availability to Agencies may still be accessible often available to certain agencies
Procedure separate petition automated or motion-based

Common eSignature Pricing and Feature Comparison

Compare typical starting prices and core capabilities for document signing platforms used to complete and submit expunction petitions; signNow is listed first per standard comparison format.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes Limited
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Real-World Examples of Digital Filing for Legal Forms

These examples illustrate how organizations used digital signing and structured instructions to process legal filings efficiently.

Tim Martin, Founder — Martin Properties

A small law practice automated form preparation for routine court petitions to reduce manual handling.

  • Reduced turnaround time for signed orders.
  • "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

Dan Rotelli, CEO — BIS

A mid-size legal services provider standardized proposed orders for expedited judicial review.

  • Streamlined internal approvals and external service.
  • "We felt most comfortable with airSlate SignNow given their SOC 2 certification and strict focus on ESIGN and UETA act compliance."

Security and Compliance Checklist

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Timestamped events and signer metadata
Certifications: SOC 2 Type II and ISO 27001
HIPAA: BAA available for protected health data
21 CFR Part 11: Support for FDA-regulated records
Access Controls: Role-based permissions and SSO options

Frequently Asked Questions About Petition and Order of Expunction

Answers to common procedural, signature, and post-order questions to reduce uncertainty and rework when filing expunction petitions.


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