Working With A Record
G.S. 15A-173.2 — a Certificate of Relief from collateral consequences, twelve months after the sentence
Who may petition. A person convicted of no more than three Class H or I felonies and any misdemeanors may petition the court of conviction for a Certificate of Relief from collateral consequences. Several such felonies in the same session of court count as one.
- Twelve months have passed since the sentence, including probation and post-release supervision, was completed.
- The person is engaged in, or seeking, a lawful occupation or activity, or otherwise has a lawful source of support.
- The person complied with the sentence and is not in violation of it.
- No criminal charge is pending.
- Granting it would not pose an unreasonable risk to the public or any individual.
Those are the findings the court makes, on a preponderance of the evidence.
What it does. A certificate relieves collateral sanctions other than those the law excludes. It does not automatically remove a disqualification, but agencies, officials and courts in civil proceedings consider it favorably in deciding whether a conviction should disqualify.
Federal rules on background check reports, and the jobs where a law requires a check, are set out elsewhere and are not on this page. Whether a particular employer followed the law is a question for the state's civil rights or labor agency, or a licensed North Carolina attorney.
Sources for this section (1)
- G.S. 15A-173.2 — Certificate of Relief
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.