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Relief from a Criminal Conviction

Termination of Satellite-Based Monitoring Obligations

A person who is subject to lifetime sex offender registration under Part 3 of Article 27A of G.S. Chapter 14—that is, a person who has been convicted of an aggravated offense, classified as a recidivist, or found to be a sexually violent predator—is automatically subject to lifetime satellite-based monitoring. A person convicted of a violation of G.S. 14-27.23 (rape of a child by an adult) or G.S. 14-27.28 (sexual offense against a child by an adult) is also subject to lifetime satellite-based monitoring. (For offenses committed before December 1, 2015, these statutes were codified as G.S. 14-27.2A and G.S. 14-27.4A. S.L. 2015-181 (H 383).) A person may petition the Post-Release Supervision and Parole Commission for termination of lifetime satellite-based monitoring if he or she meets the requirements of G.S. 14-208.43, set forth in Table 25. There is not an official form petition.

For people convicted of an offense subject to the 30-year registration program, the sentencing judge may require satellite-based monitoring in some circumstances. See G.S. 14-208.40(a)(2). The period of satellite-based monitoring may be for the length of registration or for a shorter period, such as the period of any probationary sentence. No statute specifically addresses the issue, but a person may be able to make a motion to the court to modify such a requirement. See generally G.S. 15A-1344(a) (authorizing court to modify terms of probation).

Table 25. Termination of Lifetime Satellite-Based Monitoring Obligations

Matters Subject to Termination of Satellite-Based Monitoring Obligations

Principal Restrictions on Termination of Registration

Applicable Statutes and Forms

  • Conviction of an offense subject to Part 3 of Art. 27A of G.S. Ch. 14 or under G.S. 14-27.23 or G.S. 14-27.28 (lifetime satellite-based monitoring program)
  • Petition may not be filed until one year after completion of sentence, including any period of probation, parole, or post-release supervision
  • No additional reportable convictions during period of satellite-based monitoring
  • Substantial compliance with Art. 27A of G.S. Ch. 14
  • Commission finds that person is not likely to pose threat to safety of others