Parking Alert: South Road Construction

Partial road barriers have been placed at the intersection of South Road and Country Club Road due to a summer construction project. The School’s parking deck is open and accessible from South Road for the duration of the project by driving between the two barriers and entering the parking gate immediately on the left.

G.S. 15A-1341(a1) authorizes a deferred prosecution for any misdemeanor and any Class H or I felony (see Table 6). Effective for orders placing a person on probation on or after December 1, 2015, G.S. 15A-1341(a) provides that a person may not receive a deferred prosecution for an impaired driving offense under G.S. 20-138.1. S.L. 2015-150 (H 273). The statute does not contain or refer to specific expunction procedures, but a deferred prosecution should be subject to expunction under the general expunction statute on dismissals, G.S. 15A-146. (For a discussion of the impact of a deferred prosecution and its eligibility for expunction, see supra Expunctions of Dismissals and Similar Dispositions: Types of Dismissals.)

There is not a specific Administrative Office of the Courts (AOC) form for an expunction of a dismissal following a deferred prosecution under G.S. 15A-1341(a1), but the form for obtaining an expunction of a dismissed proceeding (AOC-CR-264) can be used once the prosecutor has dismissed the charges.

Table 6. Deferred Prosecution

Matters Subject to Expunction

Principal Restrictions on Expunction

Applicable Statutes and Forms

  • Deferred prosecution of
    • any Class H or I felony or any misdemeanor (except for impaired driving offense under G.S. 20-138.1, effective for orders placing a person on probation on or after Dec. 1, 2015)
  • Person must obtain deferred prosecution, the requirements of which include
    • consent of court, prosecutor, and person;
    • no prior conviction of misdemeanor involving moral turpitude or felony;
    • person has not previously been placed on probation;
    • person is unlikely to commit another offense other than Class 3 misdemeanor; and
    • fulfillment of terms of probation (maximum of two years under G.S. 15A-1341(a))
  • Person must meet requirements for expunction under G.S. 15A-146 (see Table 4)