If you or someone you love has a conviction in North Carolina and is looking for a pardon, this guide is written for you. North Carolina has three distinct types of pardon, each serving a different purpose: a Pardon of Forgiveness for general relief, a Pardon of Innocence for people who were wrongfully convicted, and an Unconditional Pardon historically used for firearms restoration. Pardons in North Carolina are rare, with approximately 150 applications per year and only a handful granted. Expungement through the courts is often a more accessible path for clearing a record from public view. But a pardon is the only executive act that formally forgives the conviction itself, and for firearms restoration, immigration relief, and wrongful conviction situations, it plays a role that the court-based expungement system cannot fill. I have been through the system myself, and most of the fear comes from not knowing how the process works. So let me walk you through it in plain language. None of this is legal advice, and every case is different, so treat this as a map and lean on a lawyer for the turns.
The three types of pardon in North Carolina
North Carolina's Governor may issue three types of pardon, each with a distinct purpose and effect.
A Pardon of Forgiveness is the most commonly requested type and the one most people are seeking when they contact the Governor's Clemency Office. It is an official declaration that the person is forgiven for the conviction. It can be granted with conditions, restrictions, or limitations, and violation of those conditions can trigger revocation of the pardon. A Pardon of Forgiveness does not automatically expunge or erase the criminal record; the conviction remains visible on background checks with the pardon attached as a notation to the record. A pardon of forgiveness does allow the person to apply to restore their right to bear arms, and the North Carolina Court of Appeals held in Booth v. State (2013) that a pardon of forgiveness also removes the state ban on firearm possession by convicted felons under G.S. § 14-415.1.
A Pardon of Innocence is granted when a person was convicted but the criminal charges were subsequently dismissed, or when the person was erroneously convicted and later determined to be innocent. DNA exonerations are among the most common examples, but a pardon of innocence is available in any case where the conviction has been demonstrated to be erroneous. This is the only type of pardon that authorizes expungement of the criminal record; upon receiving a Pardon of Innocence, the person may petition the court in which they were convicted to expunge the records of the arrest and conviction. A Pardon of Innocence is also required before a person can seek compensation from the state for wrongful incarceration, making it the essential first step in any wrongful conviction compensation claim. There is no minimum waiting period for a Pardon of Innocence.
An Unconditional Pardon is granted without conditions or restrictions and was traditionally used primarily to restore the right to own or possess a firearm. In light of the Booth v. State holding that a Pardon of Forgiveness also removes the state felony firearms ban, the Unconditional Pardon may now serve less of a distinct function for firearms restoration purposes. However, it remains available as an option and provides the broadest form of executive forgiveness without any conditions attached, which makes it appropriate when the applicant wants the full benefit of the pardon without any conditions that could be violated and trigger revocation.
What North Carolina offers: the forms of clemency
The Governor of North Carolina has authority under Article III, Section 5(6) of the North Carolina Constitution to grant reprieves, commutations, and pardons after conviction for all offenses except impeachment, upon such conditions as the Governor may think proper. A commutation reduces or modifies an active sentence for someone currently incarcerated. A reprieve temporarily delays punishment and is typically reserved for emergency situations such as a terminal medical condition.
The Governor's Executive Clemency Office processes all clemency applications, oversees investigations, and prepares recommendations for the Governor. The Post-Release Supervision and Parole Commission may assist the Governor in exercising clemency powers at the Governor's request, providing additional investigative resources when needed. Victims of the offense for which a pardon is sought are notified of the application and given the right to submit a written statement under G.S. § 15A-838. This victim input is part of the record the Governor considers when making a decision.
Waiting periods and eligibility
For a Pardon of Forgiveness, an applicant must wait five years after release from incarceration, probation, parole, post-release supervision, or the conviction date if no sentence was imposed. For a Pardon of Innocence, there is no minimum waiting period.
For commutations, Class A and B1 felons must serve a minimum of five years before applying. All others must serve at least one year. No one can petition within one year of their projected release date. Applicants currently eligible for parole are generally ineligible for a commutation.
Applicants cannot have any new criminal charges during the waiting period. The Governor's Clemency Office states that a pardon may be granted to individuals who have maintained a good reputation in their community following completion of their sentence. Good community reputation and demonstrated rehabilitation are the primary standards the Clemency Office applies when evaluating applications.
Only North Carolina state court convictions are eligible for a Governor's pardon. Federal and out-of-state convictions are not eligible, regardless of where the applicant currently lives.
The application process step by step
Step one: contact the Executive Clemency Office. There is no standard application form available for download. The process begins by contacting the Office of Executive Clemency to determine eligibility before any formal petition is submitted. Contact: clemency@nc.gov; phone (919) 324-1456; mailing address: Governor's Clemency Office, 4294 Mail Service Center, Raleigh, North Carolina 27699-4294.
Step two: eligibility confirmation and petition. Once the Office confirms eligibility, it will provide a formal petition form and detailed instructions for submitting the complete paperwork package. This two-step process ensures that applicants understand the requirements before investing time in the petition.
Step three: prepare the petition. The petition must contain the grounds and reasons for clemency and must be accompanied by certified copies of the indictment(s) and judgment(s) for each conviction. A personal narrative letter addressed to the Governor is also expected; this letter should include personal information about the petitioner including age, employment history, family circumstances, and community involvement, and should explain in specific terms why the petitioner is deserving of clemency and what the pardon will address. Clemency is granted only in exceptional cases, so the narrative needs to make a compelling case.
Step four: submission and review. The Clemency Office processes the petition, conducts an investigation, and prepares recommendations for the Governor's legal counsel. This process is thorough and takes significant time. The Governor reviews all recommendations and makes a final decision. There is no set timeline for this process.
Step five: notification. The process is confidential, and the reasons for denial are not provided to the applicant. The denial letter will state a specific future date when the applicant may reapply. If denied, the applicant must wait three years before reapplying. If granted, the pardon document is issued and the conviction record is updated to reflect the pardon.
What a pardon does and does not do in North Carolina
A pardon in North Carolina is attached to the criminal record but does not erase or seal it. The conviction remains visible on background checks with the pardon noted on the record. Only a Pardon of Innocence authorizes a subsequent court petition for expungement.
For a Pardon of Forgiveness, the key practical effects are: the conviction cannot be used in later criminal proceedings; the person may apply to restore the right to bear arms; and under Booth v. State (2013) the North Carolina Court of Appeals held that a pardon of forgiveness removes the state felony firearms ban under G.S. § 14-415.1. However, it is important to understand that a Pardon of Forgiveness granted with conditions does not remove all collateral consequences of the conviction; only a Pardon of Innocence removes all collateral consequences. The practical difference is significant for anyone who needs complete relief rather than simply forgiveness of the offense.
For wrongful conviction cases, a Pardon of Innocence is required before seeking compensation from the state for erroneous imprisonment, and it is the gateway to both expungement and any financial compensation claim. An attorney should be involved as early as possible in a wrongful conviction case because the pardon, the expungement, and the compensation claim are each separate proceedings that build on one another.
Voting rights in North Carolina are restored upon completion of sentence including parole and probation. A pardon is not needed for voting; that restoration happens automatically.
Expungement through the courts
North Carolina has a separate court-based expungement system for eligible convictions. Expungement through the court removes the conviction from public view and is generally more accessible than a pardon; the Governor himself grants only a handful of pardons per year. North Carolina statutes allow expunction for certain first offenses, offenses committed by minors, older convictions, and other categories. The Administrative Office of the Courts can provide current information on expungement eligibility. An attorney who handles North Carolina expunctions is the best resource for determining whether a specific conviction is eligible.
The Governor's Clemency Office itself states clearly that a pardon is attached to the record and does not expunge it, and that the North Carolina Constitution does not give the executive branch authority to expunge a criminal record. Anyone in North Carolina seeking record clearance should explore the court-based expungement process before or alongside the pardon process, because for many people expungement is both more accessible and more effective for hiding the conviction from public view.
A note on federal convictions
If the conviction is a federal conviction, the Governor of North Carolina cannot help you. Federal clemency is granted by the President of the United States, and applications go through the Office of the Pardon Attorney within the United States Department of Justice.
Where this leaves you
North Carolina's pardon process is selective and slow-moving. The Governor grants only a handful of pardons per year, the process is entirely confidential, and the five-year waiting period for a Pardon of Forgiveness means applicants need to be patient and plan well ahead. The most important first step is contacting the Executive Clemency Office at clemency@nc.gov or (919) 324-1456 to confirm eligibility before preparing any paperwork; the Office will only provide the formal petition once eligibility has been confirmed. If record clearance from public view is the primary goal, explore expungement through the NC court system before pursuing a pardon, since the court-based process is more accessible and actually hides the conviction from background checks in a way the pardon does not. If firearms restoration is the goal, a Pardon of Forgiveness now accomplishes that under the Booth v. State holding, and the unconditional pardon remains an alternative. If the conviction was wrongful and the charges were subsequently dismissed or the person was determined to be innocent, a Pardon of Innocence is the path to expungement and compensation from the state, and there is no minimum waiting period for that category of application.