reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 15 - Criminal Procedure › Article 20 - Suspension of Sentence and Probation. › § 15-206 - Cooperation with Division of Community Supervision and Reentry of the Department of Adult Correction and officials of local units.

§ 15-206. Cooperation with Division of Community Supervision and Reentry of the Department of Adult Correction and officials of local units.
It is hereby made the duty of every city, county, or State official or department to render all assistance and cooperation within the official's or the Department's fundamental power which may further the objects of this Article. The Division of Community Supervision and Reentry of the Department of Adult Correction, the Secretary of the Department of Adult Correction, and the probation officers are authorized to seek the cooperation of such officials and departments, and especially of the county superintendents of social services and of the Department of Health and Human Services. (1937, c. 132, s. 10; 1961, c. 139, s. 2; 1969, c. 982; 1973, c. 476, s. 138; c. 1262, s. 10; 1997-443, s. 11A.118(a); 2011-145, s. 19.1(h), (i); 2012-83, s. 24; 2017-186, s. 2(oo); 2021-180, s. 19C.9(o), (t).)
2023 North Carolina General Statutes › Chapter 15 - Criminal Procedure › Article 20 - Suspension of Sentence and Probation. › § 15-207 - Records treated as privileged information.

§ 15-207. Records treated as privileged information.
All information and data obtained in the discharge of official duty by any probation officer shall be privileged information, shall not be receivable as evidence in any court, and shall not be disclosed directly or indirectly to any other than the judge or to others entitled under this Article to receive reports, unless and until otherwise ordered by a judge of the court or the Secretary of Adult Correction. (1937, c. 132, s. 11; 1973, c. 1262, s. 10; 2011-145, s. 19.1(i); 2023-121, s. 16(d).)
2023 North Carolina General Statutes › Chapter 15 - Criminal Procedure › Article 20 - Suspension of Sentence and Probation. › § 15-209 - Accommodations for probation offices.

§ 15-209. Accommodations for probation offices.
(a) The county commissioners in each county in which a probation office exists shall provide, in or near the courthouse, suitable office space for those probation officers assigned to the county who have probationary caseloads and their administrative support. This requirement does not include management staff of the Division of Community Supervision and Reentry of the Department of Adult Correction, nonprobation staff, or other Division of Community Supervision and Reentry of the Department of Adult Correction employees.
(b) If a county is unable to provide the space required under subsection (a) of this section for any reason, it may elect to request that the Division of Community Supervision and Reentry of the Department of Adult Correction lease space for the probation office and receive reimbursement from the county for the leased space. If a county fails to reimburse the Division for such leased space, the Secretary of Adult Correction may request that the Administrative Office of the Courts transfer the unpaid amount to the Division from the county's court and jail facility fee remittances. (1937, c. 132, s. 13; 2009-451, s. 19.19; 2011-145, s. 19.1(h), (i); 2017-186, s. 2(pp); 2021-180, s. 19C.9(t); 2022-74, s. 19A.1(b).)
2023 North Carolina General Statutes › Chapter 15 - Criminal Procedure › Article 22 - Review of Criminal Trials. › §§ 15-217.1: Recodified as § 15A-1420(b1) by Session Laws 1995 (Regular Session, 1996), c. 719, s. 3.

§ 15-217.1: Recodified as § 15A-1420(b1) by Session Laws 1995 (Regular Session, 1996), c. 719, s. 3.
2023 North Carolina General Statutes › Chapter 15 - Criminal Procedure › Article 23 - Expunction of Records. › §§ 15-223 through 15-224. Recodified as §§ 15A-145 and 15A-146 by Session Laws 1985, c. 636, s. 1, effective July 5, 1985.

Article 23.
Expunction of Records.
§§ 15-223 through 15-224. Recodified as §§ 15A-145 and 15A-146 by Session Laws 1985, c. 636, s. 1, effective July 5, 1985.
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 1 - Definitions and General Provisions. › § 15A-101 - Definitions.

§ 15A-101. Definitions.
Unless the context clearly requires otherwise, the following words have the listed meanings:
(1) Appeal. – When used in a general context, the term "appeal" also includes appellate review upon writ of certiorari.
(1a) Attorney of Record. – An attorney who, under Article 4 of this Chapter, Entry and Withdrawal of Attorney in Criminal Case, has entered a criminal proceeding and has not withdrawn.
(2) Clerk. – Any clerk of superior court, acting clerk, or assistant or deputy clerk.
(3) District Court. – The District Court Division of the General Court of Justice.
(4) District Attorney. – The person elected and currently serving as district attorney in his prosecutorial district.
(4a) Entry of Judgment. – Judgment is entered when sentence is pronounced. Prayer for judgment continued upon payment of costs, without more, does not constitute the entry of judgment.
(5) Judicial Official. – A magistrate, clerk, judge, or justice of the General Court of Justice.
(6) Officer. – Law-enforcement officer.
(7) Prosecutor. – The district attorney, any assistant district attorney or any other attorney designated by the district attorney to act for the State or on behalf of the district attorney.
(8) State. – The State of North Carolina, all land or water in respect to which the State of North Carolina has either exclusive or concurrent jurisdiction, and the airspace above that land or water. "Other state" means any state or territory of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
(9) Superior Court. – The Superior Court Division of the General Court of Justice.
(10) Superior Court Judge. – A superior court judge who has jurisdiction pursuant to G.S. 7A-47.1 or G.S. 7A-48 in the district or set of districts as defined in G.S. 7A-41.1.
(11) Vehicle. – Aircraft, watercraft, or landcraft or other conveyance. (1973, c. 1286, s. 1; 1975, c. 166, s. 2; 1977, c. 711, s. 19; 1987 (Reg. Sess., 1988), c. 1037, s. 52; 1997-456, s. 27.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 3 - Venue. › § 15A-131 - Venue generally.

§ 15A-131. Venue generally.
(a) Venue for pretrial and trial proceedings in district court of cases within the original jurisdiction of the district court lies in the county where the charged offense occurred.
(b) Except for the probable cause hearing, venue for pretrial proceedings in cases within the original jurisdiction of the superior court lies in the superior court district or set of districts as defined in G.S. 7A-41.1 embracing the county where the venue for trial proceedings lies.
(c) Except as otherwise provided in this subsection, venue for probable cause hearings and trial proceedings in cases within the original jurisdiction of the superior court lies in the county where the charged offense occurred. Except as otherwise provided in this subsection, if the alleged offense is committed within the corporate limits of a municipality which is the seat of superior court and is located in more than one county, venue lies in the superior court which sits within that municipality, but upon timely objection of the defendant or the district attorney in the county in which the alleged offense occurred the case must be transferred to the county in which the alleged offense occurred. However, for charges brought by municipal law enforcement officers only, if the alleged offense is committed within the corporate limits of a municipality that extends into four or more counties, each of which is in a separate superior court district, offenses committed within the corporate limits of the municipality but in a superior court district other than the one for which the municipality is the seat of superior court shall be disposed of in the municipality with no allowance for objections by the defendant or the district attorney.
(d) Venue for misdemeanors appealed for trial de novo in superior court lies in the county where the misdemeanor was first tried.
(e) An offense occurs in a county if any act or omission constituting part of the offense occurs within the territorial limits of the county.
(f) For the purposes of this Article, pretrial proceedings are proceedings occurring after the initial appearance and prior to arraignment. (1973, c. 1286, s. 1; 1975, 2nd Sess., c. 983, s. 134; 1983, c. 727; 1987 (Reg. Sess., 1988), c. 1037, s. 53; 2009-398, s. 3; 2022-47, s. 16(e).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 3 - Venue. › § 15A-132 - Concurrent venue.

§ 15A-132. Concurrent venue.
(a) If acts or omissions constituting part of the commission of the charged offense occurred in more than one county, each county has concurrent venue.
(b) If charged offenses which may be joined in a single criminal pleading under G.S. 15A-926 occurred in more than one county, each county has concurrent venue as to all charged offenses.
(c) When counties have concurrent venue, the first county in which a criminal process is issued in the case becomes the county with exclusive venue. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 3 - Venue. › § 15A-133 - Waiver of venue; motion for change of venue; indictment may be returned in other county.

§ 15A-133. Waiver of venue; motion for change of venue; indictment may be returned in other county.
(a) A waiver of venue must be in writing and signed by the defendant and the prosecutor indicating the consent of all parties to the waiver. The waiver must specify what stages of the proceedings are affected by the waiver, and the county to which venue is changed. If the venue is to be laid in a county in another prosecutorial district, the consent in writing of the prosecutor in that district must be filed with the clerks of both counties.
(b) Repealed by Session Laws 1989, c. 688, s. 2.
(c) Motions for change of venue by the defendant are made under G.S. 15A-957. If venue is laid in a county in another prosecutorial district by order of the judge ruling on the motion, no consent of any prosecutor is required.
(d) If venue is changed to a county in another prosecutorial district, whether upon waiver of venue or by order of a judge, the prosecutor of the prosecutorial district where the case originated must prosecute the case unless the prosecutor of the district to which venue has been changed consents to conduct the prosecution.
(e) If venue is changed, whether upon waiver of venue or by order of a judge, the grand jury in the county to which venue has been transferred has the power to return an indictment in the case. If an indictment has already been returned before the change of venue, no new indictment is necessary and prosecution may be had in the new county under the original indictment. (1921, c. 12, ss. 1, 2; C.S., ss. 4606(a), 4606(b); 1973, c. 1286, s. 1; 1975, c. 166, s. 27; 1987 (Reg. Sess., 1988), c. 1037, s. 54; 1989, c. 688, s. 2.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 3 - Venue. › § 15A-134 - Offense occurring in part outside North Carolina.

§ 15A-134. Offense occurring in part outside North Carolina.
If a charged offense occurred in part in North Carolina and in part outside North Carolina, a person charged with that offense may be tried in this State if he has not been placed in jeopardy for the identical offense in another state. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 3 - Venue. › § 15A-135 - Allegation of venue conclusive in absence of timely motion.

§ 15A-135. Allegation of venue conclusive in absence of timely motion.
Allegations of venue in any criminal pleading become conclusive in the absence of a timely motion to dismiss for improper venue under G.S. 15A-952. A defendant may move to dismiss for improper venue upon trial de novo in superior court, provided he did not in the district court with benefit of counsel stipulate venue or expressly waive his right to contest venue. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 3 - Venue. › § 15A-136 - Venue for sexual offenses.

§ 15A-136. Venue for sexual offenses.
If a person is transported by any means, with the intent to violate any of the provisions of Article 7B of Chapter 14 (§ 14-27.20 et seq.) of the General Statutes and the intent is followed by actual violation thereof, the defendant may be tried in the county where transportation was offered, solicited, begun, continued or ended. (1979, c. 682, s. 2; 2015-181, ss. 19, 47.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 4 - Entry and Withdrawal of Attorney in Criminal Case. › § 15A-141 - When entry of attorney in criminal proceeding occurs.

§ 15A-141. When entry of attorney in criminal proceeding occurs.
An attorney enters a criminal proceeding when he:
(1) Files a written notice of entry with the clerk indicating an intent to represent a defendant in a specified criminal proceeding; or
(2) Appears in a criminal proceeding without limiting the extent of his representation; or
(3) Appears in a criminal proceeding for a limited purpose and indicates the extent of his representation by filing written notice thereof with the clerk; or
(4) Accepts assignment to represent an indigent defendant under the terms of Article 36 of Chapter 7A of the General Statutes; or
(5) Files a written waiver of arraignment, except that representation in this instance may not be limited pursuant to subdivision (3). (1973, c. 1286, s. 1; 1975, 2nd Sess., c. 983, s. 135.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 4 - Entry and Withdrawal of Attorney in Criminal Case. › § 15A-143 - Attorney making general entry obligated to represent defendant at all subsequent stages.

§ 15A-143. Attorney making general entry obligated to represent defendant at all subsequent stages.
An attorney who enters a criminal proceeding without limiting the extent of his representation pursuant to G.S. 15A-141(3) undertakes to represent the defendant for whom the entry is made at all subsequent stages of the case until entry of final judgment, at the trial stage. An attorney who appears for a limited purpose under the provisions of G.S. 15A-141(3) undertakes to represent the defendant only for that purpose and is deemed to have withdrawn from the proceedings, without the need for permission of the court, when that purpose is fulfilled. (1973, c. 1286, s. 1; 1977, c. 1117.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 4 - Entry and Withdrawal of Attorney in Criminal Case. › § 15A-144 - Withdrawal of attorney with permission of court.

§ 15A-144. Withdrawal of attorney with permission of court.
The court may allow an attorney to withdraw from a criminal proceeding upon a showing of good cause. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 5 - Expunction of Records. › § 15A-145.8 - Expunction of records when charges are remanded to district court for juvenile adjudication.

§ 15A-145.8. Expunction of records when charges are remanded to district court for juvenile adjudication.
(a) Upon remand pursuant to G.S. 7B-2200.5(d), the court shall order expunction of all remanded charges. No person as to whom such an order has been entered shall be held thereafter under any provision of any law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of his or her failure to recite or acknowledge any expunged entries concerning apprehension or trial.
(b) The court shall also order the expunction of DNA records when the person's charges have been remanded to district court for juvenile adjudication and the person's DNA record or profile has been included in the State DNA Database and the person's DNA sample is stored in the State DNA Databank as a result of the charges that were remanded. The order of expungement shall include the name and address of the defendant and the defendant's attorney and shall direct the North Carolina State Crime Laboratory to send a letter documenting expungement as required by subsection (c) of this section.
(c) Upon receiving an order of expungement entered pursuant to subsection (b) of this section, the North Carolina State Crime Laboratory shall purge the DNA record and all other identifying information from the State DNA Database and the DNA sample stored in the State DNA Databank covered by the order, except that the order shall not apply to other offenses committed by the individual that qualify for inclusion in the State DNA Database and the State DNA Databank. A letter documenting expungement of the DNA record and destruction of the DNA sample shall be sent by the North Carolina State Crime Laboratory to the defendant and the defendant's attorney at the address specified by the court in the order of expungement.
(d) Upon order of expungement, the clerk shall send a certified copy of the expungement order to the defendant, the defendant's attorney, the Administrative Office of the Courts, and the State and local agencies listed in G.S. 15A-150(b). An agency receiving a certified copy of an order under this subsection shall delete any public records made as a result of the charges that have been remanded to district court for juvenile adjudication, in accordance with G.S. 15A-150. Any records related to the juvenile adjudication shall not be deleted but shall be maintained as confidential records pursuant to Article 30 of Chapter 7B of the General Statutes. (2019-186, s. 11; 2019-243, s. 21(a).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 5 - Expunction of Records. › § 15A-148 - Expunction of DNA records when charges are dismissed on appeal or pardon of innocence is granted.

§ 15A-148. Expunction of DNA records when charges are dismissed on appeal or pardon of innocence is granted.
(a) Upon a motion by the defendant following the issuance of a final order by an appellate court reversing and dismissing a conviction of an offense for which a DNA analysis was done in accordance with Article 13 of Chapter 15A of the General Statutes, or upon receipt of a pardon of innocence with respect to any such offense, the court shall issue an order of expungement of the DNA record and samples in accordance with subsection (b) of this section. The order of expungement shall include the name and address of the defendant and the defendant's attorney and shall direct the North Carolina State Crime Laboratory to send a letter documenting expungement as required by subsection (b) of this section.
(b) When an order of expungement has been issued pursuant to subsection (a) of this section, the order of expungement, together with a certified copy of the final appellate court order reversing and dismissing the conviction or a certified copy of the instrument granting the pardon of innocence, shall be provided to the North Carolina State Crime Laboratory by the clerk of court. Upon receiving an order of expungement for an individual whose DNA record or profile has been included in the State DNA Database and whose DNA sample is stored in the State DNA Databank, the DNA profile shall be expunged and the DNA sample destroyed by the North Carolina State Crime Laboratory, except that the order shall not apply to other offenses committed by the individual that qualify for inclusion in the State DNA Database and the State DNA Databank. A letter documenting expungement of the DNA record and destruction of the DNA sample shall be sent by the North Carolina State Crime Laboratory to the defendant and the defendant's attorney at the address specified by the court in the order of expungement. The North Carolina State Crime Laboratory shall adopt procedures to comply with this subsection.
(c) Any petition for expungement under this section shall be on a form approved by the Administrative Office of the Courts and be filed with the clerk of superior court. Upon order of expungement, the clerk shall forward the petition to the Administrative Office of the Courts. (2001-282, s. 2; 2013-360, s. 17.6(e); 2017-195, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 5 - Expunction of Records. › § 15A-149 - Expunction of records when pardon of innocence is granted.

§ 15A-149. Expunction of records when pardon of innocence is granted.
(a) If any person is convicted of a crime and receives a pardon of innocence, the person may petition the court in which the person was convicted on a form approved by the Administrative Office of the Courts supplied by the clerk of court for an order to expunge from all official records any entries relating to the person's apprehension, charge, or trial. Upon receipt of the petition, the clerk of court shall verify that an attested copy of the warrant and return granting a pardon of innocence has been filed with the court in accordance with G.S. 147-25. Upon verification by the clerk that the warrant and return have been filed, the court shall issue an order of expunction.
(b) The order of expunction shall include an instruction that any entries relating to the person's apprehension, charge, or trial shall be expunged from the records of the court and direct all law enforcement agencies, the Department of Adult Correction, the Division of Motor Vehicles, or any other State or local government agencies identified by the petitioner as bearing record of the same to expunge their records of the entries. The clerk shall notify State and local agencies of the court's order as provided in G.S. 15A-150 and shall forward the petition to the Administrative Office of the Courts. The costs of expunging the records, as required under G.S. 15A-150, shall not be taxed against the petitioner.
(c) No person as to whom such an order has been entered under this section shall be held thereafter under any provision of any law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of the person's failure to recite or acknowledge any expunged entries concerning apprehension, charge, or trial. (2005-319, s. 1; 2009-510, s. 7; 2011-145, s. 19.1(h); 2017-186, s. 2(vv); 2017-195, s. 1; 2021-180, s. 19C.9(s).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 5 - Expunction of Records. › § 15A-160 - Reporting requirement.

§ 15A-160. Reporting requirement.
The Department of Public Safety, in conjunction with the Department of Justice and the Administrative Office of the Courts, shall report jointly to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety Oversight by September 1 of each year regarding expunctions. The report shall include all of the following information:
(1) The number and types of expunctions granted during the fiscal year in which the report is made.
(2) The number and type of expunctions granted each fiscal year for the five fiscal years preceding the date of the report.
(3) A full accounting of how the agencies have spent the receipts generated by the expunction fees received during the fiscal year in which the report is made and for the five preceding fiscal years. (2013-360, s. 18B.16(h); 2015-241, s. 16B.5(a).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 6 - Certification of Relief. › § 15A-173.1 - Definitions.

§ 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, disability, or disadvantage is included in the judgment or sentence. The term does not include imprisonment, probation, parole, post-release supervision, forfeiture, restitution, fine, assessment, or costs of prosecution.
(3) Disqualification. – A penalty, disability, or disadvantage, however denominated, that an administrative agency, governmental official, or court in a civil proceeding may impose on an individual on grounds relating to the individual's conviction of an offense.
(4) District attorney. – The office of the district attorney that prosecuted the offense giving rise to the collateral consequence from which relief is sought. (2011-265, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 6 - Certification of Relief. › § 15A-173.3 - Collateral sanctions not subject to order of limited relief or Certificate of Relief.

§ 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 General Statutes.
(2) Prohibitions on possession of firearms imposed by Articles 54A and 54B of Chapter 14 of the General Statutes.
(3) A motor vehicle license suspension, revocation, limitation, or ineligibility imposed pursuant to Chapter 20 of the General Statutes.
(4) Ineligibility for certification pursuant to Article 1 of Chapter 17C or 17E of the General Statutes.
(5) Ineligibility for employment as any of the following if the ineligibility is a sanction imposed by a statute or session law of North Carolina.
a. A corrections or probation officer.
b. A prosecutor or investigator in either the Department of Justice or in the office of a district attorney. For purposes of this subdivision, the term district attorney shall include any district attorney authorized pursuant to G.S. 7A-60. (2011-265, s. 1; 2018-5, s. 17.1(a).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 6 - Certification of Relief. › § 15A-173.4 - Issuance, modification, and revocation of Certificate of Relief by the court.

§ 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 of Relief subject to restriction, condition, or additional requirement. When issuing, denying, modifying, or revoking a Certificate of Relief, the court may impose conditions for reapplication.
(b) The court shall revoke a Certificate of Relief it issued if it finds by a preponderance of the evidence that the individual has a subsequent conviction for an offense in another jurisdiction that is deemed a felony or misdemeanor other than a traffic violation in this State. The court may modify or revoke a Certificate of Relief it issued if it finds by a preponderance of the evidence that the petitioner made a material misrepresentation in the petition for Certificate of Relief. A motion for modification or revocation of a Certificate of Relief may be initiated by the court on its own motion, or upon motion of the district attorney or the individual for whom the Certificate of Relief has been issued. The individual for whom the Certificate of Relief has been issued, and the district attorney, shall be given notice of the motion at least three weeks before any hearing on the matter.
(c) The district attorney shall have the right to appear and be heard at any proceeding relating to the issuance, modification, or revocation of the Certificate of Relief.
(d) The court is authorized to call upon a probation officer for any additional investigation or verification of the individual's conduct it reasonably believes necessary to its decision to issue, modify, or revoke a Certificate of Relief. If there are material disputed issues of fact or law, the individual and the district attorney may submit evidence and be heard on those issues.
(e) The issuance, modification, and revocation of Certificates of Relief shall be a public record. (2011-265, s. 1; 2018-79, s. 2.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 6 - Certification of Relief. › § 15A-173.5 - Reliance on order or Certificate of Relief as evidence of due care.

§ 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 activity with the individual to whom the Certificate of Relief was issued, if the person against whom the judicial or administrative proceeding is brought relied on the Certificate of Relief at the time of the alleged negligence. (2011-265, s. 1; 2018-79, s. 3.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 6 - Certification of Relief. › § 15A-173.6 - Victim's rights.

§ 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 Witness Coordinator in the office of the district attorney. (2011-265, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 8A - SBI and State Crime Laboratory Access to View and Analyze Recordings. › § 15A-220 - SBI and State Crime Laboratory access to view and analyze recordings.

§ 15A-220. SBI and State Crime Laboratory access to view and analyze recordings.
Any State or local law enforcement agency that uses the services of the State Bureau of Investigation or the North Carolina State Crime Laboratory to analyze a recording covered by G.S. 132-1.4A shall, at no cost, provide access to a method to view and analyze the recording upon request of the State Bureau of Investigation or the North Carolina State Crime Laboratory. (2016-88, s. 2(d).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 9 - Search and Seizure by Consent. › § 15A-221 - General authorization; definition of "consent".

§ 15A-221. General authorization; definition of "consent".
(a) Authority to Search and Seize Pursuant to Consent. – Subject to the limitations in the other provisions of this Article, a law-enforcement officer may conduct a search and make seizures, without a search warrant or other authorization, if consent to the search is given.
(b) Definition of "Consent". – As used in this Article, "consent" means a statement to the officer, made voluntarily and in accordance with the requirements of G.S. 15A-222, giving the officer permission to make a search. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 9 - Search and Seizure by Consent. › § 15A-222 - Person from whom effective consent may be obtained.

§ 15A-222. Person from whom effective consent may be obtained.
The consent needed to justify a search and seizure under G.S. 15A-221 must be given:
(1) By the person to be searched;
(2) By the registered owner of a vehicle to be searched or by the person in apparent control of its operation and contents at the time the consent is given;
(3) By a person who by ownership or otherwise is reasonably apparently entitled to give or withhold consent to a search of premises. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 9 - Search and Seizure by Consent. › § 15A-223 - Permissible scope of consent search and seizure.

§ 15A-223. Permissible scope of consent search and seizure.
(a) Search Limited by Scope of Consent. – A search conducted pursuant to the provisions of this Article may not exceed, in duration or physical scope, the limits of the consent given.
(b) Items Seizable as Result of Consent Search. – The things subject to seizure in the course of a search pursuant to this Article are the same as those specified in G.S. 15A-242. Upon completion of the search, the officer must make a list of the things seized, and must deliver a receipt embodying the list to the person who consented to the search and, if known, to the owner of the vehicle or premises searched. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 10 - Other Searches and Seizures. › § 15A-231 - Other searches and seizures.

§ 15A-231. Other searches and seizures.
Constitutionally permissible searches and seizures which are not regulated by the General Statutes of North Carolina are not prohibited. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 11 - Search Warrants. › § 15A-241 - Definition of search warrant.

§ 15A-241. Definition of search warrant.
A search warrant is a court order and process directing a law-enforcement officer to search designated premises, vehicles, or persons for the purpose of seizing designated items and accounting for any items so obtained to the court which issued the warrant. (1868-9, c. 178, subch. 3, s. 38; Code, s. 1171; Rev., s. 3163; C.S., s. 4529; 1941, c. 53; 1949, c. 1179; 1955, c. 7; 1965, c. 377; 1969, c. 869, s. 8; 1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 11 - Search Warrants. › § 15A-242 - Items subject to seizure under a search warrant.

§ 15A-242. Items subject to seizure under a search warrant.
An item is subject to seizure pursuant to a search warrant if there is probable cause to believe that it:
(1) Is stolen or embezzled; or
(2) Is contraband or otherwise unlawfully possessed; or
(3) Has been used or is possessed for the purpose of being used to commit or conceal the commission of a crime; or
(4) Constitutes evidence of an offense or the identity of a person participating in an offense. (1868-9, c. 178, subch. 3, s. 38; Code, s. 1171; Rev., s. 3163; C.S., s. 4529; 1941, c. 53; 1949, c. 1179; 1955, c. 7; 1965, c. 377; 1969, c. 869, s. 8; 1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 11 - Search Warrants. › § 15A-243 - Who may issue a search warrant.

§ 15A-243. Who may issue a search warrant.
(a) A search warrant valid throughout the State may be issued by:
(1) A Justice of the Supreme Court.
(2) A judge of the Court of Appeals.
(3) A judge of the superior court.
(b) Other search warrants may be issued by:
(1) A judge of the district court as provided in G.S. 7A-291.
(2) A clerk as provided in G.S. 7A-180 and 7A-181.
(3) A magistrate as provided in G.S. 7A-273. (1868-9, c. 178, subch. 3, s. 38; Code, s. 1171; Rev., s. 3163; C.S., s. 4529; 1941, c. 53; 1949, c. 1179; 1955, c. 7; 1965, c. 377; 1969, c. 869, s. 8; 1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 11 - Search Warrants. › § 15A-244 - Contents of the application for a search warrant.

§ 15A-244. Contents of the application for a search warrant.
Each application for a search warrant must be made in writing upon oath or affirmation. All applications must contain:
(1) The name and title of the applicant; and
(2) A statement that there is probable cause to believe that items subject to seizure under G.S. 15A-242 may be found in or upon a designated or described place, vehicle, or person; and
(3) Allegations of fact supporting the statement. The statements must be supported by one or more affidavits particularly setting forth the facts and circumstances establishing probable cause to believe that the items are in the places or in the possession of the individuals to be searched; and
(4) A request that the court issue a search warrant directing a search for and the seizure of the items in question. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 11 - Search Warrants. › § 15A-245 - Basis for issuance of a search warrant; duty of the issuing official.

§ 15A-245. Basis for issuance of a search warrant; duty of the issuing official.
(a) Before acting on the application, the issuing official may examine on oath the applicant or any other person who may possess pertinent information, but information other than that contained in the affidavit may not be considered by the issuing official in determining whether probable cause exists for the issuance of the warrant unless the information is either recorded or contemporaneously summarized in the record or on the face of the warrant by the issuing official. The information must be shown by one or both of the following:
(1) Affidavit.
(2) Oral testimony under oath or affirmation before the issuing official.
(3) Repealed by Session Laws 2021-47, s. 10(c), effective June 18, 2021, and applicable to proceedings occurring on or after that date.
(b) If the issuing official finds that the application meets the requirements of this Article and finds there is probable cause to believe that the search will discover items specified in the application which are subject to seizure under G.S. 15A-242, he must issue a search warrant in accordance with the requirements of this Article. The issuing official must retain a copy of the warrant and warrant application and must promptly file them with the clerk. If he does not so find, the official must deny the application. (1973, c. 1286, s. 1; 2005-334, s. 1; 2021-47, s. 10(c).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 11 - Search Warrants. › § 15A-246 - Form and content of the search warrant.

§ 15A-246. Form and content of the search warrant.
A search warrant must contain:
(1) The name and signature of the issuing official with the time and date of issuance above his signature; and
(2) The name of a specific officer or the classification of officers to whom the warrant is addressed; and
(3) The names of the applicant and of all persons whose affidavits or testimony were given in support of the application; and
(4) A designation sufficient to establish with reasonable certainty the premises, vehicles, or persons to be searched; and
(5) A description or a designation of the items constituting the object of the search and authorized to be seized. (1868-9, c. 178, subch. 3, s. 39; Code, s. 1172; Rev., s. 3164; C.S., s. 4530; 1961, c. 1069; 1969, c. 869, s. 8; 1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 11 - Search Warrants. › § 15A-247 - Who may execute a search warrant.

§ 15A-247. Who may execute a search warrant.
A search warrant may be executed by any law-enforcement officer acting within his territorial jurisdiction, whose investigative authority encompasses the crime or crimes involved. (1868-9, c. 178, subch. 3, s. 38; Code, s. 1171; Rev., s. 3163; C.S., s. 4529; 1941, c. 53; 1949, c. 1179; 1955, c. 7; 1965, c. 377; 1969, c. 869, s. 8; 1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 11 - Search Warrants. › § 15A-248 - Time of execution of a search warrant.

§ 15A-248. Time of execution of a search warrant.
A search warrant must be executed within 48 hours from the time of issuance. Any warrant not executed within that time limit is void and must be marked "not executed" and returned without unnecessary delay to the clerk of the issuing court. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 11 - Search Warrants. › § 15A-249 - Officer to give notice of identity and purpose.

§ 15A-249. Officer to give notice of identity and purpose.
The officer executing a search warrant must, before entering the premises, give appropriate notice of his identity and purpose to the person to be searched, or the person in apparent control of the premises to be searched. If it is unclear whether anyone is present at the premises to be searched, he must give the notice in a manner likely to be heard by anyone who is present. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 11 - Search Warrants. › § 15A-251 - Entry by force.

§ 15A-251. Entry by force.
An officer may break and enter any premises or vehicle when necessary to the execution of the warrant if:
(1) The officer has previously announced his identity and purpose as required by G.S. 15A-249 and reasonably believes either that admittance is being denied or unreasonably delayed or that the premises or vehicle is unoccupied; or
(2) The officer has probable cause to believe that the giving of notice would endanger the life or safety of any person. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 11 - Search Warrants. › § 15A-252 - Service of a search warrant.

§ 15A-252. Service of a search warrant.
Before undertaking any search or seizure pursuant to the warrant, the officer must read the warrant and give a copy of the warrant application and affidavit to the person to be searched, or the person in apparent control of the premises or vehicle to be searched. If no one in apparent and responsible control is occupying the premises or vehicle, the officer must leave a copy of the warrant affixed to the premises or vehicle. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 11 - Search Warrants. › § 15A-253 - Scope of the search; seizure of items not named in the warrant.

§ 15A-253. Scope of the search; seizure of items not named in the warrant.
The scope of the search may be only such as is authorized by the warrant and is reasonably necessary to discover the items specified therein. Upon discovery of the items specified, the officer must take possession or custody of them. If in the course of the search the officer inadvertently discovers items not specified in the warrant which are subject to seizure under G.S. 15A-242, he may also take possession of the items so discovered. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 11 - Search Warrants. › § 15A-254 - List of items seized.

§ 15A-254. List of items seized.
Upon seizing items pursuant to a search warrant, an officer must write and sign a receipt itemizing the items taken and containing the name of the court by which the warrant was issued. If the items were taken from a person, the receipt must be given to the person. If items are taken from a place or vehicle, the receipt must be given to the owner, or person in apparent control of the premises or vehicle if the person is present; or if he is not, the officer must leave the receipt in the premises or vehicle from which the items were taken. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 11 - Search Warrants. › § 15A-255 - Frisk of persons present in premises or vehicle to be searched.

§ 15A-255. Frisk of persons present in premises or vehicle to be searched.
An officer executing a warrant directing a search of premises or of a vehicle may, if the officer reasonably believes that his safety or the safety of others then present so requires, search for any dangerous weapons by an external patting of the clothing of those present. If in the course of such a frisk he feels an object which he reasonably believes to be a dangerous weapon, he may take possession of the object. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 11 - Search Warrants. › § 15A-256 - Detention and search of persons present in private premises or vehicle to be searched.

§ 15A-256. Detention and search of persons present in private premises or vehicle to be searched.
An officer executing a warrant directing a search of premises not generally open to the public or of a vehicle other than a common carrier may detain any person present for such time as is reasonably necessary to execute the warrant. If the search of such premises or vehicle and of any persons designated as objects of the search in the warrant fails to produce the items named in the warrant, the officer may then search any person present at the time of the officer's entry to the extent reasonably necessary to find property particularly described in the warrant which may be concealed upon the person, but no property of a different type from that particularly described in the warrant may be seized or may be the basis for prosecution of any person so searched. For the purpose of this section, all controlled substances are the same type of property. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 11 - Search Warrants. › § 15A-257 - Return of the executed warrant.

§ 15A-257. Return of the executed warrant.
An officer who has executed a search warrant must, without unnecessary delay, return to the clerk of the issuing court the warrant together with a written inventory of items seized. The inventory, if any, and return must be signed and sworn to by the officer who executed the warrant. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 11 - Search Warrants. › § 15A-258 - Disposition of seized property.

§ 15A-258. Disposition of seized property.
Property seized shall be held in the custody of the person who applied for the warrant, or of the officer who executed it, or of the agency or department by which the officer is employed, or of any other law-enforcement agency or person for purposes of evaluation or analysis, upon condition that upon order of the court the items may be retained by the court or delivered to another court. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 11 - Search Warrants. › § 15A-259 - Application of Article to all warrants; exception as to inspection warrants and special riot situations.

§ 15A-259. Application of Article to all warrants; exception as to inspection warrants and special riot situations.
The requirements of this Article apply to search warrants issued for any purpose, except that the contents of and procedure relating to inspection warrants are to be governed by the provisions of Article 4A of Chapter 15 and warrants to inspect vehicles in riot areas or approaching municipalities during emergencies are subject to the special procedures set out in G.S. 14-288.11. Nothing in this Article is intended to alter or affect the emergency search doctrine. (1957, c. 496; 1969, c. 869, s. 8; 1971, c. 872, s. 4; 1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 12 - Pen Registers; Trap and Trace Devices. › § 15A-260 - Definitions.

§ 15A-260. Definitions.
As used in this Article:
(1) "Electronic communication," "electronic communication service," and "wire communication" shall have the meaning as set forth in Section 2510 of Title 18 of the United States Code;
(2) "Pen register" means a device which records or decodes electronic or other impulses which identify numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but the term does not include any device used by a provider or customer of a wire or electronic service for billing, or recording as an incident to billing, for communication services provided by the provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business, nor shall the term include any device which allows the listening or recording of communications transmitted on the telephone line to which the device is attached.
(3) "Trap and trace device" means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted. (1987 (Reg. Sess., 1988), c. 1104, s. 1.)