No, a Domestic Violence Protective Order (DVPO) itself cannot be "expunged" in North Carolina in the same way a criminal conviction or charge can be. A DVPO is a civil order issued by a judge, not a criminal conviction.
While the DVPO itself isn't expungable, it's crucial to understand the distinction between the civil protective order and any criminal charges or convictions that may arise from a domestic violence incident.
Understanding Domestic Violence Protective Orders (DVPOs) in North Carolina
A DVPO, also known as a 50B order, is a civil order issued by a judge to protect victims from domestic violence. It can prohibit the abuser from contacting the victim, coming near their home or workplace, and may even grant temporary custody of children or possession of a shared residence.
Key characteristics of a DVPO:
- Civil in nature: It is not a criminal conviction.
- Temporary: Typically issued for a fixed period, often one year, though it can be extended for up to two years.
- Public record: Information about DVPOs is generally part of the public court record.
Expungement of Domestic Violence Records in NC
Expungement (also known as erasure or sealing) primarily applies to criminal records—charges, dismissals, or convictions—to remove them from public view. North Carolina law generally does not permit the expungement of violent misdemeanors or felonies, particularly those associated with domestic violence. This means if a domestic violence incident led to a criminal charge or conviction (e.g., assault, battery, communicating threats), that criminal record is typically permanent and cannot be expunged.
Even if a domestic violence charge is dismissed, the rules for expungement of dismissals have specific criteria. However, charges involving violent offenses or domestic violence often fall under categories ineligible for expungement.
Distinguishing Civil Orders from Criminal Convictions
It's vital to differentiate between a civil DVPO and criminal charges:
- DVPO (Civil): This is a court order designed for protection. Its presence on a record indicates a finding of domestic violence by a civil court, but it is not a criminal conviction. It cannot be expunged, but it does expire or can be terminated.
- Criminal Conviction (Criminal): If a person is charged with and convicted of a crime related to domestic violence (e.g., Assault on a Female, Misdemeanor Child Abuse, or violating the DVPO itself), this is a criminal record. These types of convictions, especially violent ones, are generally not eligible for expungement under North Carolina law.
Implications of a DVPO
Even though a DVPO isn't a criminal conviction, its existence can have significant impacts:
- Public record: It can appear in background checks, affecting employment, housing, and other opportunities.
- Firearm rights: The subject of a DVPO is typically prohibited from purchasing or possessing firearms.
- Legal standing: It can influence future court proceedings, especially regarding family law matters like child custody.
Alternatives to Expungement for DVPOs
Since a DVPO cannot be expunged, its removal from active status depends on:
- Expiration: DVPOs are issued for a specific duration (up to one year, sometimes renewable for an additional year). Once the term expires, the order is no longer active, though it remains part of the court's historical record.
- Termination by the Court: In rare circumstances, and typically only by agreement of both parties, a judge may terminate a DVPO before its expiration date. This usually requires a motion to the court and a hearing, demonstrating that the protective order is no longer necessary.
| Feature | Domestic Violence Protective Order (DVPO) | Criminal Conviction for Domestic Violence |
|---|---|---|
| Nature | Civil Court Order | Criminal Court Judgment |
| Purpose | Victim protection | Punishment for unlawful acts |
| Can it be Expunged? | No (it expires or can be terminated) | Generally No (especially for violent offenses) |
| Impact on Record | Public civil court record, firearms bans | Criminal record, potential jail time, fines, loss of rights |
In summary, while a DVPO itself cannot be expunged, North Carolina law also severely limits the expungement of criminal convictions related to domestic violence, meaning such records typically remain on a person's criminal history permanently.
