Relief from a Criminal Conviction (2023 Edition)
Discharge and Dismissal of Cyberbullying Offenses
G.S. 14-458.1(c) and G.S. 14-458.2(d) authorize expunction of a discharge and dismissal of a cyberbullying offense (see Table 21).[1] Both statutes provide for expunction under G.S. 15A-146. (A person also may be eligible for a discharge and dismissal of a cyberbullying offense under the general discharge and dismissal statute, G.S. 15A-1341(a4), and for an expunction thereof under G.S. 15A-146. For a discussion of the impact of a discharge and dismissal and its eligibility for expunction, see supra Expunctions of Dismissals and Similar Dispositions: Types of Dismissals.)
Under G.S. 14-458.1 and G.S. 14-458.2, a prior discharge and dismissal is not a bar to a discharge and dismissal for a cyberbullying offense. For this reason, the form for the court to ask the North Carolina Administrative Office of the Courts (AOC) for a report of prior discharges and dismissals, AOC-CR-237, does not include cases in which a person is asking for a discharge and dismissal of a cyberbullying offense.
There is not a specific form for the imposition of a discharge and dismissal for a cyberbullying offense, but there is one for the final disposition of the case. There is also not a specific AOC form for an expunction under the cyberbullying statutes, but the form for obtaining an expunction of a dismissed proceeding (AOC-CR-287) can be used with supporting documentation that the petitioner received a discharge and dismissal for a cyberbullying offense.
Table 21. Discharge and Dismissal of Cyberbullying Offenses
Matters Subject to Expunction | Principal Restrictions on Expunction | Applicable Statutes and Forms |
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[1] This type of expunction was added as part of two acts: S.L. 2009-551 (H 1261), which created the offense of cyberbullying and the accompanying discharge and dismissal provisions for offenses committed on or after December 1, 2009; and S.L. 2012-149 (S 707), which created the offense of cyberbullying by a student against a school employee and the accompanying discharge and dismissal provisions for offenses committed on or after December 1, 2012.