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.

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Relief from a Criminal Conviction

Deferred Prosecution or Discharge and Dismissal in Drug Treatment Court

G.S. 15A-1341(a2) authorizes a pre-plea deferred prosecution and G.S. 15A-1341(a5) authorizes a post-plea discharge and dismissal for cases handled through a Drug Treatment Court Program (see Table 15). The criteria for a pre-plea and post-plea deferral are nearly the same—the defendant must be eligible to participate in a Drug Treatment Court Program pursuant to Article 62 of Chapter 7A of the General Statutes. Effective for orders placing a person on probation on or after December 1, 2015, G.S. 15A-1341(a) provides that a person is ineligible for drug treatment court for an impaired driving offense under G.S. 20-138.1. S.L. 2015-150 (H 273). If the defendant successfully completes the program, the charges are dismissed. The statutes do not contain or refer to specific expunction procedures, but both types of dispositions should be subject to expunction under the general expunction statute on dismissals, 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: Dismissal or Finding of Not Guilty of Misdemeanors, Felonies, and Certain Infractions.

There are four different Administrative Office of the Courts (AOC) forms for a discharge and dismissal itself (shown in Table 15). The different discharge and dismissal forms reflect differences in the applicable conditions of probation, which depend on the date the person committed the offense; the basic criteria for discharge and dismissal do not differ. 

Table 15. Drug Treatment Court

Matters Subject to Expunction

Principal Restrictions on Expunction

Applicable Statutes and Forms

  • Deferred prosecution in drug treatment court
  • Person must obtain deferred prosecution, the requirements of which include
    • eligibility for drug treatment court,
    • consent of prosecutor, and
    • successful completion of drug treatment court program
  • Person must meet requirements for expunction under G.S. 15A-146 (see Table 4).

 

  • Discharge and dismissal in drug treatment court
  • Person must obtain discharge and dismissal, the requirements of which include
    • eligibility for drug treatment court, and
    • successful completion of drug treatment court program
  • Person must meet requirements for expunction under G.S. 15A-146 (see Table 4)