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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)