North Carolina Misdemeanors

A misdemeanor is a criminal offense less serious than a felony and more serious than a civil infraction. By contrast, an infraction is a minor criminal offense and not punishable by jail.

What Is a Misdemeanor in North Carolina?

North Carolina law clearly distinguishes felonies and misdemeanors. It classifies infractions as non-criminal violations that carry a civil penalty (generally up to $100) and no incarceration. Felonies are prosecuted in superior court with imprisonment in state prison, while misdemeanor incarceration, if imposed, is served in a county jail.

Typical cases of misdemeanors in North Carolina include simple assault, communicating threats, shoplifting/petit larceny, and many first-offense impaired-driving cases. A standard impaired-driving offense is classified as a misdemeanor sentenced under a separate six-level scheme.

Misdemeanor Classes and Penalties in North Carolina

North Carolina classifies misdemeanors into four tiers (Class A1, 1, 2, and 3) and penalizes them under the state’s structured sentencing system. The sentencing options may depend on the class of offense and the defendant’s prior conviction level. Judges select a punishment from the different classes below:

• Class A1 (most serious): penalties range from 1–150 days in county jails and fines (set by statute or court order).
• Class 1: Offenders may be sentenced to 1–120 days in county jail and fines (set by statute or court order). There is a mandatory community service for a first-time offender.
• Class 2: Jail time between 1 and 60 days and a maximum fine of $1,000.
• Class 3 (least serious): It carries only a fine (maximum of $200) for a first-time offender. Repeated offenses may attract jail time.

In the case of driving while intoxicated (DWI), sentencing differs from structured sentencing. It has mandatory minimum penalties for misdemeanor cases, which include

• Level V: Up to $200 in fines and a minimum of 24–60 days in jail.
• Level IV: Up to $500 in fines and a minimum of 48–120 days in jail.
• Level III: Up to $1,000 in fines and a minimum of 72 hours to 6 months in jail.
• Level II: Up to $2,000 in fines and a minimum of 7 days to 1 year in jail.
• Level I: Up to $4,000 in fines and a minimum of 30 days to 2 years in jail.

Habitual or aggravated circumstances may trigger additional penalties for such an offender.

Misdemeanor Court Process in North Carolina

The District Court handles most misdemeanor trials (bench trials only) in North Carolina. The Superior Court handles jury trials for misdemeanors after a defendant appeals a case from the district court.

A typical path for a misdemeanor case in a District Court is listed below:

• Citation or arrest: A criminal complaint is filed against an individual, and the police department may arrest them.
• First appearance/arraignment: The defendant appears before a judge, who informs them of their charges, their right to counsel, and any release conditions. The defendant may enter a plea of guilty, not guilty, or no contest.
• Pre-trial: Both the defense and prosecutor will disclose evidence (known as discovery) to one another and attempt to reach a plea agreement. All counsel will also file their motions with the court.
• Trial: The law allows a bench trial in the District Court. If convicted, the defendant may appeal within 10 days for a new trial in Superior Court (with a jury).
• Sentencing: the judge may impose any statutory sentence per the grid (or DWI levels), with fines, probation, treatment, restitution, or no-contact orders.

Misdemeanor Records in Major North Carolina Cities

Most North Carolina misdemeanor records are open to the public. Therefore, individuals can contact the district court where the case was initially filed. District Courts in major cities in the state include:

• Charlotte. Mecklenburg County has a District Court that handles misdemeanors in the city. The court published a criminal calendar and provides clerk contacts so individuals can obtain certified or file copies of court records.
• Raleigh. Individuals may visit the Wake County clerk’s office to learn about or access the court records.
• Greensboro. For misdemeanor records, individuals may access the court records from the Guilford County District Court. They may obtain certified copies for a fee at the clerk’s office.

How to Search for Misdemeanor Records in North Carolina

North Carolina has successfully migrated all court records from all 100 counties to the eCourts (Odyssey) platform. A typical court record includes party names, case number, charges and statute cites, court dates, Register of Actions, dispositions, sentence terms, and financial balances.

Individuals may obtain misdemeanor records from:

• eCourts Portal (Odyssey). From the North Carolina Judicial Branch’s eCourts Portal, record seekers may use the portal to search dockets, view case information, and make eligible payments online. They may search the portal by name, case number, or attorney.
• Clerk’s Office. The clerk’s file is the official record. Individuals may contact the clerk (of the District Court where the case was tried) to obtain copies of certified court records. Self-service terminals are also available in the courthouse, which are free for individuals to search court case files.
• Background checks. The North Carolina State Bureau of Investigation (SBI) provides a non-certified, statewide criminal record search for individuals. They must submit their fingerprint card, form, and fee.
• Third-Party Vendors. Users may conduct unofficial record checks through third-party companies that will sell information to the public. Each company has its own set of charges. The North Carolina Administrative Office of the Courts (NCAOC) cannot guarantee that the information the companies provide to their customers is current or accurate.

How Long Does a Misdemeanor Stay on Your Record in North Carolina?

In North Carolina, a misdemeanor stays on a record indefinitely unless it is expunged. There is a waiting period before an individual becomes eligible for expungement. For nonviolent misdemeanors, it is five years for a single conviction and seven years for multiple convictions from the completion of your sentence or probation.

The North Carolina Second Chance Act expands eligibility for expunging multiple non-violent misdemeanor convictions and automatic expungement of dismissed or not-guilty convictions. Offenses such as violent/sex-related crimes, DWIs, stalking, drug-related felonies, or certain traffic offenses are excluded by the act.

An expunction removes the case from public view and directs all agencies to restrict disclosure. However, law enforcement or judicial officers may still access the complete records.