State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_42 > GS_42-69

§42‑69.  Relation to criminal proceedings.

(a)        CriminalProceedings, Conviction, or Adjudication Not Required. – The fact that acriminal prosecution involving the criminal activity is not commenced or, ifcommenced, has not yet been concluded or has terminated without a conviction oradjudication of delinquency shall not preclude a civil action or the issuanceof any order pursuant to this Article.

(b)        Effect ofConviction or Adjudication. – Where a criminal prosecution involving thecriminal activity results in a final criminal conviction or adjudication ofdelinquency, such adjudication or conviction shall be considered in the civilaction as conclusive proof that the criminal activity occurred.

(c)        Admissibility ofCriminal Trial Recordings or Transcripts. – Any evidence or testimony admittedin the criminal proceeding, including recordings or transcripts of the adult orjuvenile criminal proceedings, whether or not they have been transcribed, maybe admitted in the civil action initiated pursuant to this Article.

(d)        Use of SealedCriminal Proceeding Records. – In the event that the evidence or records of acriminal proceeding which did not result in a conviction or adjudication ofdelinquency have been sealed by court order, the court in a civil action broughtpursuant to this Article may order such evidence or records, whether or notthey have been transcribed, to be unsealed if the court finds that suchevidence or records would be relevant to the fair disposition of the civilaction. (1995, c. 419, s. 1.)