Microsite Search: Relief from a Criminal Conviction (2023 Edition)
A motion for appropriate relief (MAR) is a motion made after judgment to correct any errors that occurred before, during, or after a criminal trial or proceeding, including errors related to the entry of a guilty plea.[1] Article 89 of G.S. Chapter 15A (G.S. 15A-1411 through G.S. 15A-1422) addresses MARs. The procedures in Article 89 are detailed and are beyond the scope of this guide. The discussion below briefly reviews the grounds and effect of a successful MAR.
Updated on: Monday, February 12, 2024 - 3:35pm
G.S. 15A-145.6 authorizes the expunction of a discharge and dismissal or a conviction of a prostitution offense in violation of G.S. 14-204, a Class 1 misdemeanor (see Table 18). This type of expunction was added as part of S.L. 2013-368 (S 683), a larger act that, among other changes, rewrote the existing statute on prostitution, G.S. 14-204. The requirements for a discharge and dismissal, which is a precondition for an expunction of those matters, are contained in G.S. 14-204(b). The court is required to impose a discharge and dismissal if the defendant consents and meets the conditions for a discharge and dismissal.
Updated on: Monday, February 12, 2024 - 2:26pm
A conviction of a crime may have far-reaching consequences, both criminal and civil. When a person is convicted of a crime, the sentence imposed by the judge contains the criminal consequences, which may include imprisonment, probation, fines, and other punishments. Additional consequences, often called collateral consequences or penalties, also flow from conviction of a crime, but they ordinarily are separate from the criminal sentence—they may arise automatically from the conviction and not be specifically imposed or even mentioned at sentencing in the criminal case.
Updated on: Friday, February 9, 2024 - 3:47pm
Although each type of expunction of an adult criminal matter has its own preconditions, all involve the same basic procedure with some variations.Initiation of Expunction ProcessBy individual petitioner. For most expunctions, the petitioner must file a petition with the appropriate state court and show that he or she meets the criteria for an expunction. If the person meets the criteria, the statutes typically require that the court grant the petition and order an expunction; they do not give the court discretion to deny the petition.[1]
Updated on: Monday, February 12, 2024 - 10:42am
In the past, North Carolina’s expunction statutes provided a narrow path to relief, limiting expunctions to cases involving drug offenses committed before age 22, convictions for misdemeanors committed before age 18 and 21, and dismissals and acquittals. In 2009, the North Carolina General Assembly began to give greater attention to this area of law, reorganizing and expanding the expunction statutes in recognition of the adverse impact of a criminal record on a person’s future. The principal changes since 2009 are summarized below. They are incorporated into this guide where applicable. Legislation enacted before 2009 is summarized in Appendixes: Previous Legislation.
Updated on: Tuesday, February 13, 2024 - 12:19pm