North Carolina: Adult Convictions (NC-C-8)

Records relating to a nonviolent offense based on section 15A-1415(b)(10) can be vacated by the court if the conviction was a result of the petitioner having been a victim of human trafficking or sexual servitude. N.C. Gen. Stat. §15A-1416.1(a), (b).

Record Detail(s)

Human trafficking offenses

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Vacate

Ineligible Category or Citation

This provision applies only to first-offense prostitution convictions under section 14-204. N.C. Gen. Stat. §§ 15A-1416.1(a)), 15A-1415(b)(10).

Procedure General

The petition must be field in the court where the conviction occurred. For specific procedure, see N.C. Gen. Stat. § 15A-1416.1.

Fees

There is no statutory language regarding fees.

Effect

The conviction is vacated, and the court may take such additional action as is appropriate in the circumstances. N.C. Gen. Stat. § 15A-1416.1(c).

Forms

There is no statutory language regarding forms.

Waiting Periods

The petition can be filed at any time following entry of a verdict. N.C. Gen. Stat. § 16A-1416.1(a).

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