Ending Without A Conviction
G.S. 90-96 — a conditional discharge for a first drug possession, once, and G.S. 15A-1341 — deferred prosecution
A first drug possession. For a person with no prior felony or drug conviction who pleads guilty to or is found guilty of misdemeanor possession of a controlled substance or paraphernalia, or the felony the section names, the court defers proceedings and places the person on probation with consent, unless it finds in writing, with the District Attorney's agreement, that the person is inappropriate for it.
Discharge and dismissal. On fulfilling the terms, the court discharges the person and dismisses the proceedings. That is not a conviction for disqualifications or disabilities imposed by law, and it may occur only once for any person.
Deferred prosecution. A person charged with a Class H or I felony or a misdemeanor may be placed on probation when the prosecutor defers prosecution by a written agreement the court approves, each known victim has been notified and heard, the person has no felony or moral turpitude misdemeanor conviction, has never been on probation, and is unlikely to commit another offense other than a Class 3 misdemeanor.
Conditional discharge. On the same findings, after a guilty plea or finding, the court may on joint motion defer proceedings without a judgment of guilt. Neither route applies to impaired driving.
Whether a person qualifies, what conditions a court sets, and whether the record can later be sealed are questions for a licensed North Carolina attorney. Sealing has its own page.
Sources for this section (2)
- G.S. 90-96 — Conditional discharge for first offense
- G.S. 15A-1341 — Probation generally; deferred prosecution and conditional discharge
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.