State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-50_29

§ 14‑50.29.  Conditionaldischarge for first offenders under the age of 18.

(a)        Whenever any personwho has not previously been convicted of any felony or misdemeanor other than atraffic violation under the laws of the United States or the laws of this Stateor any other state, pleads guilty to or is guilty of (i) a Class H felony underthis Article or (ii) an enhanced offense under G.S. 14‑50.22, and theoffense was committed before the person attained the age of 18 years, the courtmay, without entering a judgment of guilt and with the consent of thedefendant, defer further proceedings and place the defendant on probation uponsuch reasonable terms and conditions as the court may require.

(b)        If the court, inits discretion, defers proceedings pursuant to this section, it shall place thedefendant on supervised probation for not less than one year, in addition toany other conditions. Prior to taking any action to discharge and dismiss underthis section, the court shall make a finding that the defendant has no previouscriminal convictions. Upon fulfillment of the terms and conditions of theprobation provided for in this section, the court shall discharge the defendantand dismiss the proceedings against the defendant.

(c)        Discharge anddismissal under this section shall be without court adjudication of guilt andshall not be deemed a conviction for purposes of this section or for purposesof disqualifications or disabilities imposed by law upon conviction of a crime.Discharge and dismissal under this section may occur only once with respect toany person. Disposition of a case to determine discharge and dismissal underthis section at the district court division of the General Court of Justiceshall be final for the purpose of appeal. Upon violation of a term or conditionof the probation provided for in this section, the court may enter anadjudication of guilt and proceed as otherwise provided.

(d)        Upon discharge anddismissal pursuant to this section, the person may apply for an order toexpunge the complete record of the proceedings resulting in the dismissal anddischarge, pursuant to the procedures and requirements set forth in G.S. 15A‑145.1.

(e)        (Effective untilOctober 1, 2010) The clerk of superior court in each county in NorthCarolina shall, as soon as practicable after each term of court in his county,file with the Administrative Office of the Courts the names of those personsgranted a discharge under the provisions of this section, and theAdministrative Office of the Courts shall maintain a confidential filecontaining the names of persons granted conditional discharges. The informationcontained in such file shall be disclosed only to judges of the General Courtof Justice of North Carolina for the purpose of ascertaining whether any personcharged with an offense has been previously granted a discharge.

(e)        (EffectiveOctober 1, 2010) The clerk shall notify State and local agencies of thecourt's order as provided in G.S. 15A‑150.  (2008‑214, s. 3; 2009‑510,s. 2; 2009‑577, s. 4.)

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-50_29

§ 14‑50.29.  Conditionaldischarge for first offenders under the age of 18.

(a)        Whenever any personwho has not previously been convicted of any felony or misdemeanor other than atraffic violation under the laws of the United States or the laws of this Stateor any other state, pleads guilty to or is guilty of (i) a Class H felony underthis Article or (ii) an enhanced offense under G.S. 14‑50.22, and theoffense was committed before the person attained the age of 18 years, the courtmay, without entering a judgment of guilt and with the consent of thedefendant, defer further proceedings and place the defendant on probation uponsuch reasonable terms and conditions as the court may require.

(b)        If the court, inits discretion, defers proceedings pursuant to this section, it shall place thedefendant on supervised probation for not less than one year, in addition toany other conditions. Prior to taking any action to discharge and dismiss underthis section, the court shall make a finding that the defendant has no previouscriminal convictions. Upon fulfillment of the terms and conditions of theprobation provided for in this section, the court shall discharge the defendantand dismiss the proceedings against the defendant.

(c)        Discharge anddismissal under this section shall be without court adjudication of guilt andshall not be deemed a conviction for purposes of this section or for purposesof disqualifications or disabilities imposed by law upon conviction of a crime.Discharge and dismissal under this section may occur only once with respect toany person. Disposition of a case to determine discharge and dismissal underthis section at the district court division of the General Court of Justiceshall be final for the purpose of appeal. Upon violation of a term or conditionof the probation provided for in this section, the court may enter anadjudication of guilt and proceed as otherwise provided.

(d)        Upon discharge anddismissal pursuant to this section, the person may apply for an order toexpunge the complete record of the proceedings resulting in the dismissal anddischarge, pursuant to the procedures and requirements set forth in G.S. 15A‑145.1.

(e)        (Effective untilOctober 1, 2010) The clerk of superior court in each county in NorthCarolina shall, as soon as practicable after each term of court in his county,file with the Administrative Office of the Courts the names of those personsgranted a discharge under the provisions of this section, and theAdministrative Office of the Courts shall maintain a confidential filecontaining the names of persons granted conditional discharges. The informationcontained in such file shall be disclosed only to judges of the General Courtof Justice of North Carolina for the purpose of ascertaining whether any personcharged with an offense has been previously granted a discharge.

(e)        (EffectiveOctober 1, 2010) The clerk shall notify State and local agencies of thecourt's order as provided in G.S. 15A‑150.  (2008‑214, s. 3; 2009‑510,s. 2; 2009‑577, s. 4.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-50_29

§ 14‑50.29.  Conditionaldischarge for first offenders under the age of 18.

(a)        Whenever any personwho has not previously been convicted of any felony or misdemeanor other than atraffic violation under the laws of the United States or the laws of this Stateor any other state, pleads guilty to or is guilty of (i) a Class H felony underthis Article or (ii) an enhanced offense under G.S. 14‑50.22, and theoffense was committed before the person attained the age of 18 years, the courtmay, without entering a judgment of guilt and with the consent of thedefendant, defer further proceedings and place the defendant on probation uponsuch reasonable terms and conditions as the court may require.

(b)        If the court, inits discretion, defers proceedings pursuant to this section, it shall place thedefendant on supervised probation for not less than one year, in addition toany other conditions. Prior to taking any action to discharge and dismiss underthis section, the court shall make a finding that the defendant has no previouscriminal convictions. Upon fulfillment of the terms and conditions of theprobation provided for in this section, the court shall discharge the defendantand dismiss the proceedings against the defendant.

(c)        Discharge anddismissal under this section shall be without court adjudication of guilt andshall not be deemed a conviction for purposes of this section or for purposesof disqualifications or disabilities imposed by law upon conviction of a crime.Discharge and dismissal under this section may occur only once with respect toany person. Disposition of a case to determine discharge and dismissal underthis section at the district court division of the General Court of Justiceshall be final for the purpose of appeal. Upon violation of a term or conditionof the probation provided for in this section, the court may enter anadjudication of guilt and proceed as otherwise provided.

(d)        Upon discharge anddismissal pursuant to this section, the person may apply for an order toexpunge the complete record of the proceedings resulting in the dismissal anddischarge, pursuant to the procedures and requirements set forth in G.S. 15A‑145.1.

(e)        (Effective untilOctober 1, 2010) The clerk of superior court in each county in NorthCarolina shall, as soon as practicable after each term of court in his county,file with the Administrative Office of the Courts the names of those personsgranted a discharge under the provisions of this section, and theAdministrative Office of the Courts shall maintain a confidential filecontaining the names of persons granted conditional discharges. The informationcontained in such file shall be disclosed only to judges of the General Courtof Justice of North Carolina for the purpose of ascertaining whether any personcharged with an offense has been previously granted a discharge.

(e)        (EffectiveOctober 1, 2010) The clerk shall notify State and local agencies of thecourt's order as provided in G.S. 15A‑150.  (2008‑214, s. 3; 2009‑510,s. 2; 2009‑577, s. 4.)