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

Discharge and Dismissal of Cyberbullying Offenses

G.S. 14-458.1(c) and G.S. 14-458.2(d) authorize expunction of a discharge and dismissal of a cyberbullying offense (see Table 18). This type of expunction was added as part of two acts: S.L. 2009-551 (H 1261), which created the offense of cyberbullying and the accompanying discharge and dismissal provisions for offenses committed on or after December 1, 2009; and S.L. 2012-149 (S 707), which created the offense of cyberbullying by a student against a school employee and the accompanying discharge and dismissal provisions for offenses committed on or after December 1, 2012. Both statutes provide for expunction under G.S. 15A-146. (A person also may be eligible for a discharge and dismissal of a cyberbullying offense under the general discharge and dismissal statute, G.S. 15A-1341(a4), 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.)

The form for the court to ask the Administrative Office of the Courts (AOC) for a report of prior discharges and dismissals, AOC-CR-237, does not include cases in which a person is asking for a discharge and dismissal of a cyberbullying offense. Under G.S. 14-458.1 and G.S. 14-458.2, a prior discharge and dismissal is not a bar to a discharge and dismissal for a cyberbullying offense. There is not a specific form for the imposition of a discharge and dismissal for a cyberbullying offense, but there is one for the final disposition of the case. There is also not a specific AOC form for an expunction under the cyberbullying statutes, but the form for obtaining an expunction of a dismissed proceeding (AOC-CR-264) can be used with supporting documentation that the petitioner received a discharge and dismissal for a cyberbullying offense.

Table 18. Discharge and Dismissal of Cyberbullying Offenses

Matters Subject to Expunction

Principal Restrictions on Expunction

Applicable Statutes and Forms

  • Discharge and dismissal pursuant to G.S. 14-458.1(c) of cyberbullying offense
  • Person must obtain discharge and dismissal, the requirements of which include
    • offense must have occurred before age 18, and
    • fulfillment of any terms of probation
  • Person must meet requirements for expunction under G.S. 15A-146 (see Table 4)
  • Discharge and dismissal pursuant to G.S. 14-458.2(d) of cyberbullying offense by student against school employee
  • Person must obtain discharge and dismissal, which requires fulfillment of any terms of probation
  • Person must meet requirements for expunction under G.S. 15A-146 (see Table 4)