Relief from a Criminal Conviction (2025 Edition)
Deferred Prosecution
G.S. 15A-1341(a1) authorizes a deferred prosecution for any misdemeanor and any Class H or I felony (see Table 7). An impaired driving offense under G.S. 20-138.1 is ineligible. 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-287) can be used once the prosecutor has dismissed the charges.
Table 7. Deferred Prosecution
Matters Subject to Expunction | Principal Restrictions on Expunction | Applicable Statutes and Forms |
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