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Relief from a Criminal Conviction

Deferred Prosecution or Discharge and Dismissal of Tobacco Offenses

G.S. 14-313(f) authorizes a deferred prosecution or a discharge and dismissal for a misdemeanor tobacco offense in violation of G.S. 14-313 (see Table 19). The statute does 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. (A person also may be eligible for a deferred prosecution or discharge and dismissal of a tobacco offense under the general statute for those dispositions, G.S. 15A-1341, and for an expunction thereof under 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: Types of Dismissals.)

A deferred prosecution or discharge and dismissal of a tobacco offense is subject to the procedures in G.S. 15A-1341 but not all of the preconditions. G.S. 14-313(f) states that a person who has not previously been placed on probation for a violation of G.S. 14-313 is qualified for those dispositions notwithstanding G.S. 15A-1341. Thus, a person would not be disqualified by a prior conviction of the types designated in G.S. 15A-1341(a1) or (a4). There are not specific forms for a deferred prosecution or discharge and dismissal for tobacco offenses, but the forms for those dispositions under G.S. 15A-1341 can be used with appropriate modifications of the language.

Table 19. Deferred Prosecution or Discharge and Dismissal of Tobacco Offenses

Matters Subject to Expunction

Principal Restrictions on Expunction

Applicable Statutes and Forms

  • Deferred prosecution or discharge and dismissal of misdemeanor violation of G.S. 14-313
  • Person must obtain deferred prosecution or discharge and dismissal, the requirements of which include
    • person has not previously been placed on probation for violation of G.S. 14-313, and
    • fulfillment of any terms of probation
  • Person must meet requirements for expunction under G.S. 15A-146 (see Table 4)