Charlotte, North Carolina – March 8, 2013— The Charlotte School of Law Civil Rights Clinic has launched its Certificate of Relief project. The project’s goal is two-fold—to educate the public about Certificates of Relief and to pursue Certificates through the courts for qualified individuals.
North Carolina law now provides that individuals convicted of particular felonies or misdemeanors may petition the court in which they were convicted for a Certificate of Relief. The Certificate, if awarded, would grant the individual some relief from the collateral, civil consequences of the conviction. Although a Certificate of Relief is not an expunction, it can be a valuable asset. For example, the Certificate provides evidence to employers of the individual’s successful completion of their sentence and all terms of probation. It would also protect an employer who hires an individual with a Certificate from negligent hiring lawsuits.
Some of the requirements to obtain a Certificate include:
- Conviction of no more than two felonies (class G, H or I) or misdemeanors in the same session of court
- No other convictions of a felony or misdemeanor (other than a traffic violation)
- At least 12 months have passed since completion of any period of probation, post-release supervision, or parole and since all active time was served (if any)
- No criminal charges currently pending
- All terms of sentence and probation were complied with
- There has been no violation of the terms of any criminal sentence (if that is not true, the failure is justified, excused, involuntary, or insubstantial), and
- That granting the petition would not pose an unreasonable risk to the safety or welfare of the public or any individual
The Civil Rights Clinic is currently seeking individuals who think they qualify for a Certificate to determine their eligibility. If you think you qualify for a Certificate of Relief, please contact:
Jason Huber: firstname.lastname@example.org or 704-971-8381