Relief from a Criminal Conviction (2023 Edition)

Because an adjudication of criminal contempt may be viewed as a conviction of a crime and therefore carry the same adverse collateral consequences, it may be subject to expunction. It would likely be treated as a misdemeanor because of its limited sentence length. G.S. 5A-12 (imposing sentence for contempt from 30 days to six months); see also G.S. 14-3 (treating misdemeanor without classification as Class 3 misdemeanor if sentence is 30 days or less and as Class 2 misdemeanor if sentence is more than 30 days and six months or less).

In contrast, an adjudication of criminal contempt is probably not a bar to relief. Although it may carry the adverse collateral consequences that follow from a conviction of a crime, the courts do not view it in the same light. See State v. Reaves, 142 N.C. App. 629 (2001) (holding that adjudication of criminal contempt is not a prior conviction for the purpose of sentencing in later case); Blue Jeans Corp. v. Amalgamated Clothing Workers of America, 275 N.C. 503, 508 (1969) (stating that adjudication of criminal contempt is sui generis—that is, one of a kind). If a person obtains an expunction of an adjudication of criminal contempt, the expunction would count as a bar under statutes barring an expunction if the person has a prior expunction.

A civil contempt order, not being a conviction, is probably not subject to expunction and also does not constitute a bar to an expunction of a criminal matter. See generally Little v. Bennington, 109 N.C. App. 482 (1993) (finding that trial court had no authority to order expunction of civil contempt order issued by clerk of court for failure to file account for estate property under G.S. 28A-25-4). For a discussion of the differences between criminal and civil contempt, see Reynolds v. Reynolds, 356 N.C. 287 (2002), adopting dissent in 147 N.C. App. 566, 577 (2001) (recognizing punitive purpose of criminal contempt).