When Agencies Disagree with Criminal Court Decisions

In criminal proceedings, court orders can affect other agencies. When the court imposes a sentence of imprisonment, the Division of Adult Correction has the responsibility of carrying it out. If the court issues a limited driving privilege in a traffic case, a person can drive even though the Division of Motor Vehicles has revoked the person’s license. A court may grant an expunction petition, requiring law enforcement agencies to destroy records of the criminal case. What happens if the affected agency believes that the order is unlawful? A recent decision, In re Timberlake (Oct. 18, 2016), provides some clarity about the procedures to follow, at least in the context of that case. The facts. In Timberlake, the petitioner was convicted of an offense in South Carolina requiring that he register as a sex offender once he moved to North Carolina. After ten years on the registry in North Carolina, he filed a petition in superior court to terminate his registration and be removed from the registry. An Assistant District Attorney (ADA) appeared on behalf of the State of North Carolina as provided by the statutory procedures for the hearing of termination petitions. See G.S. 14-208.12A(a2). The ADA presented no evidence or argument in opposition to the petition. On October 6, 2014, the trial judge granted the petition, finding that the petitioner met the requirements for termination—he had been on the registry for at least ten years, had not been arrested for another crime requiring registration, was not a threat to public [...]