15A-173.1. Definitions. The following definitions apply in this Article: (1) Collateral consequence. – A collateral sanction or a disqualification. (2) Collateral sanction. – A penalty, disability, or disadvantage, however denominated, imposed on an individual as a result of the individual’s conviction of an offense which applies by operation of law, whether or not the penalty, […]
15A-173.2. Certificate of Relief. (a) An individual who is convicted of no more than (i) three Class H or I felonies and (ii) any misdemeanors may petition the court where the individual was convicted for a Certificate of Relief relieving collateral consequences as permitted by this Article. If the person is convicted of more than […]
15A-173.3. Collateral sanctions not subject to order of limited relief or Certificate of Relief. A Certificate of Relief shall not be issued to relieve any of the following collateral sanctions: (1) Requirements imposed by, and any statutory requirements or prohibitions imposed as a result of registration pursuant to, Article 27A of Chapter 14 of the […]
15A-173.4. Issuance, modification, and revocation of Certificate of Relief by the court. (a) When a petition is filed under G.S. 15A-173.2, including a petition for enlargement of an existing Certificate of Relief, the court shall notify the district attorney at least three weeks before the hearing on the matter. The court may issue a Certificate […]
15A-173.5. Reliance on order or Certificate of Relief as evidence of due care. In a judicial or administrative proceeding alleging negligence, a Certificate of Relief is a bar to any action alleging lack of due care in hiring, retaining, licensing, leasing to, admitting to a school or program, or otherwise transacting business or engaging in […]
15A-173.6. Victim’s rights. The victim of the underlying offense for which a Certificate of Relief is sought may appear and be heard, or may file a statement for consideration by the court, in a proceeding for issuance, modification, or revocation of the Certificate of Relief. Notification to the victim shall be made through the Victim […]
