Collateral Consequences of a Criminal Conviction in North Carolina - Effects on Citizenship, Officeholding, Occupational Licensing, and Forfeiture of Property

• NCJ Number: 94011
• Author(s): M Crowell
• Date Published: 1983
• Length: 24 pages
• Corporate Author: University of North Carolina at Chapel Hill School of Government
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

Sanctions other than fines and imprisonment may be imposed on a person convicted of a crime in North Carolina. These include loss of voting rights, ineligibility for public office, and disqualification from certain other activities.

Abstract

Under North Carolina law, a person becomes ineligible to vote if judged guilty of a felony, until citizenship rights are restored. Persons are also disqualified from elected offices unless they are qualified voters for that office. A constitutional provision also disqualifies from any public office, elected or appointed, a person who has been judged guilty of a felony or of corruption or malpractice in any office or has been removed by impeachment, until that person's citizenship rights are restored. However, no definitive North Carolina case law exists on when a disqualification from office takes place -- on entry of judgment or after the defendant has exercised the right of appeal. Under certain conditions, a person may be disqualified from certain occupations, private offices, and other activities. In many instances, a person convicted of a crime may lose rights to some property. Miscellaneous consequences of a criminal conviction are also cited. Relevant laws are listed under each category, and an index of occupations and offices is included.