Felonies, Misdemeanors, And Infractions in North Carolina

There are three categories of offenses within the North Carolina penal system. These are:

• Felonies
• Misdemeanors
• Infractions.

Felonies are the most serious crimes under North Carolina's Criminal Law. These offenses attract the most severe penalties for crimes in North Carolina. Misdemeanors are serious crimes. However, North Carolina considers them lesser offenses than felonies. The punishment for misdemeanors in North Carolina is less severe than that for felonies.
Infractions are the lowest offense category according to North Carolina's classifications. These offenses attract the least punishment.
Criminal case trials in North Carolina depend on the type of crime and offense Class. Alongside record classifications, North Carolina statutes of limitations set deadlines for filing criminal charges in the state.

What Is A Felony In North Carolina?

Chapter 14-1 of the North Carolina General Statutes defines a felony as an offense:

• Which is a felony at common law
• Punishable by death or imprisonment in a state prison
• Described as a felony by the state's statute.

North Carolina's Criminal Law considers felonies serious offenses and prescribes the most severe penalties for them. Depending on the specific crime, it imposes punishment that may extend up to life imprisonment or the death penalty. The state categorizes these felonies into ten distinct classes, ranging from Class A (the most serious) to Class I (the least severe).

Classes of Felonies in North Carolina

In 2016, North Carolina passed a sentencing reform that increased the sentences for some felony crimes. Felonies in North Carolina are grouped into ten classes, Class A to Class I, with Class B having two parts. Class A has the most severe punishments. These felonies have mitigated (least), presumptive (average), and aggravated ranges of prison terms depending on the class and previous records:

• Class A Felonies: This is the most serious crime category in North Carolina, and the maximum punishment is life imprisonment or capital punishment
• Class B1 Felonies - The penalty for Class B1 felonies ranges from 144 months to life imprisonment without parole
• Class B2 Felonies - Punishments for Class B2 felonies range from 94 months to 484 months imprisonment
• Class C Felonies - A Class C conviction may result in 44 months to 231 months imprisonment
• Class D Felonies - Class D felonies may result in 38 to 204 months of incarceration in state prisons
• Class E Felonies - These crimes have a punishment ranging from 15 to 88 months in prison terms
• Class F Felonies - A Class F felony conviction may lead to a 10 to 59 months' incarceration
• Class G Felonies - The penalty for Class G felonies ranges from 8 months to 47 months imprisonment
• Class H Felonies - The punishment for this class of felony ranges between 4 and 39 months
• Class I Felonies - This refers to the least severe offenses; their penalties may include imprisonment for 3 to 24 months.

In summary, the classification system designates Classes A, B1, B2, C, and D as high-level felonies. It defines Classes E, F, and G as mid-level felonies. The system further designates Classes H and I as low-level felonies, which may not carry jail terms but instead impose probation, counseling, community service, or house arrest. In addition to prison terms, North Carolina laws allow mandatory and discretionary fines for felony crimes, and judges may also impose court costs and restitution as part of the sentencing. Additionally, judges use previous records as a factor to determine whether to add or reduce prison time. They calculate these as points (0–18+) or levels (I-VI). Someone with zero or one criminal history is level I or 0–1 points.

What Are Some Examples Of Felonies In North Carolina?

North Carolina categorizes felonies into ten classes. Examples of crimes under each category include:

Class A felony

• First-degree murder
• Genocide
• Terrorism-related murder

Class B1 felony

• First-degree forcible or statutory rape
• Sexual activity with a child by a substitute parent/custodian
• First-degree forcible sexual offense

Class B2 felony

• Second-degree murder
• First-degree arson
• Statutory rape of a 13-, 14-, or 15-year-old by a defendant at least six years older

Class C felony

• Second-degree forcible rape
• First-degree kidnapping
• Habitual felons
• Embezzlement ($100,000 or more)

Class D felony

• Voluntary manslaughter
• Assault with a deadly weapon with intent to kill or inflict serious injury
• First-degree burglary (dwelling at night with intent to commit a felony)

Class E felony

• Second-degree kidnapping
• Incest by a parent or custodian
• Discharging a weapon on occupied property
• Drug peddling within 1000 feet of a school

Class F felony

• Possessing a weapon of mass destruction
• Involuntary manslaughter
• Habitual DWI
• Sexual exploitation of a minor (second-degree)

Class G felony

• Second-degree burglary
• Assault inflicting serious bodily injury
• Common law robbery

Class H felony

• Assault by strangulation
• Habitual impaired driving (DWI)
• Felony larceny (property worth over $1,000)
• Breaking into a motor vehicle

Class I felony

• Possession of cocaine
• Breaking or entering (without intent to commit felony/larceny)
• Forgery of instruments.

Can I Get A Felony Removed From A Court Record In North Carolina?

Yes, North Carolina law allows for the removal of felony convictions from public records. However, this depends on the felony class and other specific conditions. The state generally excludes records of Class A through G felonies, sex offenses, and violent crimes from this process.
A person qualifies for the removal of felony records under the North Carolina expungement law if they meet the following criteria:

• The person does not have previous records of violent or sex-related felonies
• The offender was under 18 at the time of committing the crime (this applies to non-violent crimes only)
• The offense involves certain drug-related and toxic vapor offenses committed before the offender reached 21 years of age
• The charges were dismissed or remanded for juvenile adjudication; this also applies to pardoned offenders and victims of identity theft
• The offense involves certain gang-related crimes committed before the age of 17.

Under the updated expunction law, eligible offenders must observe a 10-year waiting period (reduced from the previous 15 years) from the date of conviction. They then file for the expungement of records at the county courthouse where the original charges occurred.
The expungement process typically takes between nine and twelve months. It requires meeting several criteria and involves the following steps:

• The person checks the offense's eligibility status and the application criteria
• The person files the petition for expungement
• The court processes and reviews the petition
• The person receives the judge's decision or court order.

Once the state expunges the charges, the records are no longer accessible to the public. Only prosecutors and law enforcement personnel are authorized to access them.

Is Expungement The Same As Sealing Court Records In North Carolina?

Yes, for the most part, expunction and sealing of records in North Carolina are comparable and achieve the same purpose. Once the court grants an expungement, the ruling includes a court order. This order instructs law enforcement agencies or courts to clear or close the specific record of any arrest, criminal charge, or conviction.

Expunged charges do not appear on official criminal history background checks that individuals or employers conduct. However, other information outlets, such as news articles and implicatory stories, may remain available online. North Carolina does not maintain a general record-sealing law; instead, the sealing of records in North Carolina is tantamount to expunction.

How Long Does A Felony Stay On Your Record In North Carolina?

A felony conviction in North Carolina typically remains on a person’s record permanently unless the individual petitions the court for expungement and the court grants the petition. However, not all felonies are eligible for expunction

What is a Misdemeanor in North Carolina?

North Carolina law considers misdemeanors as offenses less serious than felonies but more severe than infractions. These crimes carry potential punishment ranging from fines to prison terms of up to one year, according to § 14-1 of the North Carolina General Statutes.
The state categorizes misdemeanors into four major classes:

• Class A1
• Class 1
• Class 2
• Class 3.

The penalty for each class is based on the crime's type and factors such as the offender's age and criminal history.

Classes and Penalties

For a court to impose a sentence, the judge considers the defendant's previous conviction level (I–III), and the punishment range applies to the offense class. North Carolina imposes penalties that can be active, intermediate, or community punishments.

• Active punishment refers to incarceration or jail time
• Intermediate punishment involves fines and reduced jail time, house arrests, or educational/counseling programs
• Community punishment requires supervised or unsupervised service and probation.

The following ranges of punishment apply to each class, with Class A1 carrying the most severe penalties:

• Class A1 - The court may impose 1 to 150 days of active, intermediate, or community punishment and discretionary fines
• Class 1 - The court may impose 1 to 120 days imprisonment and discretionary fines
• Class 2 - The court may impose 1 to 60 days imprisonment and fines not exceeding $1,000
• Class 3 - The court may impose imprisonment of 1 day to 20 days and fines not exceeding $200.

What Are Some Examples Of Misdemeanors In North Carolina?

There are four categories of misdemeanors in North Carolina, ranging from the most severe to the least severe. The severity of these offenses determines their classes. Examples of misdemeanors in North Carolina include:

Class A1 misdemeanors

• Violation of a protective order
• Assault inflicting serious injury
• Assault on a female
• Assault on a child under 12 years old, and other assaults

Class 1 misdemeanors

• Larceny or property theft (not exceeding $1,000)
• Breaking in, communicating threats
• Possession of drug paraphernalia

Class 2 misdemeanors

• Cyber stalking, disorderly conduct
• Carrying concealed weapons
• First-degree trespass, indecent exposure

Class 3 misdemeanors

• Failure to return a rental property
• Second-degree trespass
• Worthless check (not exceeding $2,000.00).

Can I Get A Misdemeanor Removed From A Record In North Carolina?

Yes, a North Carolina court can remove misdemeanors from a person's record, depending on certain conditions.
Courts immediately expunge records of misdemeanors that result in dismissals or acquittals. For arrests resulting in convictions, the offender is required to observe a 5-year waiting period.
The law allows specific exceptions to these rules:

• The court can expunge a larceny committed before the age of 18 after a waiting period of two years
• The court can expunge drug charges against offenders under 22 years old after they complete drug programs
• Violent misdemeanors and certain DWI misdemeanors may take longer for the court to expunge or may not be eligible for expunction.

Can A DUI Be Expunged In North Carolina?

Yes, North Carolina permits expunction of DUI or DWI charges that result in dismissals or acquittals. In North Carolina, there is no distinct classification for DWI; drivers do not have to be drunk to be guilty of impaired driving. In addition, the severity of DWI can range from felonies to misdemeanors. However, depending on the circumstances surrounding the cases, North Carolina allows expunction of minor traffic violations.

After expunction, the law permits individuals to “hide” the fact of having these records. Nonetheless, there is a 7-year lookback period for DWI offenses, which means that these records will be accessible for this period, and the court will consider any further driving offenses within this time as a second offense liable to more severe penalties.

What Constitutes An Infraction In North Carolina?

An infraction, or petty offense, in North Carolina constitutes a non-criminal violation of state law or statute. The North Carolina legal system classifies infractions as the least severe type of legal offense; they are not punishable by imprisonment. The penalties for infractions include warnings, sanctions, or fines not exceeding $100.00.
Law enforcement may summon, charge, or temporarily detain individuals accused of infractions to issue a citation. The state holds court hearings for infractions in the county where the offense occurred, and the offenders typically deposit the fines into the county's account.

What Are Some Examples Of Infractions In North Carolina?

Infractions in North Carolina are mostly violations of county, city, or town ordinances. Some common examples include:

• Underage alcohol consumption
• Boat violation
• Campsite violation
• Certain permit violations
• Failing to leash a pet while walking
• Fishing without a license
• Illegal parking
• Littering
• Noise violation or disturbing the peace
• Operating certain businesses without a permit.

Can Infractions Be Expunged From A North Carolina Criminal Court Record?

Yes, infractions can be expunged in North Carolina. The state treats Infractions differently from felonies and misdemeanors; they do not result in prison terms. In North Carolina, infractions are non-criminal offenses that are punishable by sanctions, warnings, or fines. However, they still appear on court records and may show up on background checks.

What is Deferred Adjudication in North Carolina?

North Carolina does not formally use the term deferred adjudication. Instead, the state applies a similar mechanism in Deferred Prosecution and Conditional Discharge.

Deferred Prosecution (North Carolina General Statutes § 15A-1341(a1))
North Carolina's Deferred Prosecution is a program that allows the courts to postpone criminal charges while the defendant completes certain conditions. If the defendant completes this program, the court will dismiss the charges.
The North Carolina Deferred Prosecution program applies to first-time non-violent offenders who do not pose a danger to the community. Additionally, eligibility requires the consent of the judge and the prosecutor.

Conditional Discharge (North Carolina General Statutes § 15A-1341(a4), and § 90 to 96 of the North Carolina General Statutes)
Under North Carolina's Conditional Discharge, a judge may find defendants guilty of an offense (or the individual pleads guilty), but instead of sentencing, the court places the defendant on probation under conditions. If the defendant fulfills the probation terms, the judge may dismiss the charge.
Conditional discharge applies to first-time non-violent offenses, low-level drug-related crimes, such as simple possession, and other offenses allowed by North Carolina Statutes.

Types of Crimes Eligible for Deferred Adjudication in North Carolina

According to North Carolina's General Statutes, Deferred Prosecution and Conditional Discharge are limited to first-time non-violent offenses. Offenses eligible for Deferred Prosecution and Conditional Discharge in North Carolina include:

Low-level nonviolent misdemeanors

• Shoplifting
• Simple possession
• Writing a worthless check
• Simple assault (non-domestic)

First-time low-level felonies (Class H or I)

• Larceny
• Breaking into a motor vehicle
• Certain drug possession cases

Drug possession/paraphernalia

• First-time possession of marijuana or a controlled substance.