Felons And Law Practice: North Carolina's Stance

In North Carolina, felonies are considered serious crimes, and a felony conviction can have wide-reaching consequences on a person's life. These consequences can include the loss of certain citizenship rights, such as the right to vote, own a firearm, or hold public office. Additionally, a felony conviction can impact employment and housing opportunities and may result in a permanent criminal record. North Carolina's laws regarding felonies are strict and can be complex, with a focus on individual sentencing based on the specifics of each case. The state also has habitual felon laws that impose harsher punishments for repeat offenses. Given the severity of felony charges, it is crucial for individuals facing such charges to seek legal representation from experienced felony lawyers.

Felony convictions and loss of citizenship rights

In North Carolina, a felony is a serious crime that can carry severe punishments. The North Carolina Legislature specifies whether a crime is a felony or not. Many crimes may be considered felonies or misdemeanours, depending on the value of the item in question (in theft cases) or the amount of damage or injury caused. Violent felonies include first-degree murder, rape, sex offences, violent assaults, and drug-related crimes.

Felony convictions carry long-term consequences, including the loss of certain citizenship rights. These rights include the right to vote, the right to hold public office, and the right to sit on a jury. These citizenship rights are generally restored automatically in North Carolina upon completion of a person's criminal sentence. However, the restoration of citizenship rights does not automatically restore other rights or address the collateral consequences of a felony conviction, such as the loss of the right to own a gun.

In addition to the loss of citizenship rights, a felony conviction can have wide-reaching implications on various aspects of life in North Carolina. For example, a conviction on a person's permanent criminal record may impact their employment prospects, as they may need to disclose their conviction to prospective employers or during background checks. A felony conviction could also exclude individuals from certain professions or jeopardise their professional licenses.

The impact of a felony conviction extends beyond employment. It can also create difficulties in finding housing, as landlords often conduct background checks and may deny rental applications due to a criminal record. Furthermore, a felony conviction can jeopardise an individual's immigration status, potentially resulting in the loss of the right to remain in the country or becoming a citizen, and even leading to deportation proceedings.

It is important to note that North Carolina has expungement laws that provide some relief for individuals with felony convictions. The 2020 Second Chance Act broadened the expungement law, allowing for the expungement of more than one non-violent misdemeanour and reducing waiting periods. For a single non-violent felony, expungement is possible after a 10-year waiting period from the completion of the sentence, including any probation or parole.

Felony expungement laws in North Carolina

In North Carolina, an expunction is a legal process to remove a criminal conviction or a criminal charge from a person's record and to seal or destroy the state's records of the arrest, charge, and/or conviction. The expunction process can be complex and varies depending on the specific circumstances of each case.

In terms of felony expungement, North Carolina's 2020 Second Chance Act (SB562) made significant changes to the state's expungement laws. The Act broadened the eligibility requirements for expungement, allowing for the expungement of a single non-violent felony after a 10-year waiting period from the completion of the sentence, including any probation or parole. This includes the payment of fines and other court costs. The Act also expanded the number of convictions that could be expunged and the types of crimes that could be expunged.

It is important to note that certain felony convictions, such as violent felonies, may not be eligible for expungement under the Second Chance Act. Additionally, if an individual has been convicted of a separate felony offense, they may not be able to have a subsequent conviction sealed.

The expunction process in North Carolina begins with filing a petition with the clerk of the court in the county where the charge or conviction occurred. The petition must include all the necessary documents, such as affidavits of good character, and it is recommended to consult an attorney to ensure eligibility and completeness of the petition. Once the petition is filed, the court will review it and may schedule a hearing. The expunction process can take a significant amount of time, and individuals may not be eligible until they have completed their sentence and demonstrated good behavior.

The consequences of a felony conviction in North Carolina are severe and can impact various areas of an individual's life, including employment, housing, and citizenship rights. A felony conviction may result in the loss of certain citizenship rights, such as the right to vote, the right to own a firearm, and the right to hold public office. Additionally, a felony conviction can make it difficult to find employment and housing, as landlords and employers often conduct background checks and may choose to reject applicants with criminal records.

Sentencing for felonies in North Carolina

Felonies are serious crimes. Historically, felonies were crimes for which one could be imprisoned for more than a year. These days, the North Carolina Legislature specifies whether a crime is a felony or not. Many crimes may be either felonies or misdemeanours, depending on the value of the item in question (in the case of theft) or the amount of injury or damage caused. Violent felonies include first-degree murder (the most severe crime in North Carolina), rape, sex offences, violent assaults, attempted murder, manslaughter, and burglaries. Other felonies include drug trafficking, possession of drugs with intent to sell and deliver (PWISD), manufacturing drugs, larceny, embezzlement, obtaining property by false pretences, and other kinds of thefts, and breaking and entering.

North Carolina's sentencing for felonies is complicated. The state does not sentence felonies in the same way as other states. There are no typical sentences, and each case is treated differently. North Carolina places offenses in different classes that are used to determine the extent of the punishment a person can be given. They are divided into ten different classes from A to I, with A being the most serious and I being the least serious. Class B is subdivided into classes B1 and B2. Felonies that fall into Class A are first-degree murder, unlawful use of a weapon of mass destruction (if injuries resulted). They carry a prison sentence of death or life without parole. Felonies in the Class B1 category are first-degree rape, first-degree sexual offence, and statutory rape. They carry a maximum prison sentence of life without parole. Class H felonies carry a standard sentencing range of 5 to 20 months of incarceration. The maximum penalty is 3 years. Examples of class H felonies include assault by strangulation, possessing stolen goods, dog fighting, and habitual misdemeanor assault. The least serious felony classification is a class I felony, punishable by 4 to 10 months' imprisonment. The maximum punishment is 2 years. Examples of class I felony crimes include breaking into a vehicle, removing a firearm serial number, and possession of a firearm on school grounds.

North Carolina has a sentencing grid to determine the sentencing range for felony convictions. It utilizes the class of felony, level of the person’s prior convictions, and disposition ranges in setting the sentence. Except for Class A felonies, a person’s prior record level must be determined before a sentence can be imposed. Each prior conviction is worth a certain number of points, and the points for all prior convictions are added up to determine the prior record level, which ranges from Level I to Level VI. Level VI is the most serious. Once the number of points has been calculated, the person’s prior record level can be established. This is how the levels are determined: The disposition range is the possible length of the sentence to be imposed. To determine it, the judge uses the person’s prior record level and felony classification and potential aggravating or mitigating factors to arrive at a range. These are the possible disposition ranges: Presumptive range. This is the standard sentencing range and will often be imposed unless there are mitigating or aggravating factors. Not all felony convictions result in a prison sentence. Depending on the felony classification and the prior conviction record, the judge could impose an intermediate or community sentence, which could include house arrest, drug treatment, community service, or other punishments.

Felony sentencing in North Carolina also includes sentencing enhancement laws. These are laws that punish repeat offenses. For instance, North Carolina has a habitual felon law (three strikes) that increases the punishment for someone’s fourth (or more) felony conviction. North Carolina also has a less common violent habitual felon law, which imposes a life sentence for a second violent felony. And North Carolina has a habitual assault law that punishes multiple assaults more harshly. This is all an attempt to ensure everyone has a second chance while not giving them the freedom to commit crimes as they want. A key difference between a felony conviction and a misdemeanor conviction is that a felony conviction will result in the loss of certain citizenship rights, including the right to vote and the right to hold public office. These rights are restored after prison or probation ends. A felony conviction can also result in the loss of the right to own a gun.

The impact of a felony conviction on employment

A felony conviction in North Carolina can have severe and lasting consequences, impacting various aspects of life. The impact of a felony conviction on employment in North Carolina is significant, and finding a job with a felony record can be challenging.

Firstly, a felony conviction results in the loss of certain civil rights, including the right to vote and hold public office. These rights are typically restored after completing probation or parole. However, the loss of these rights during incarceration can affect employment prospects, especially for those seeking government jobs or positions of trust and responsibility.

Secondly, a felony conviction becomes a permanent part of an individual's criminal record, which can be easily accessed by employers through background checks. Many employers conduct such checks during the hiring process, and a felony conviction can be a disqualifying factor for certain jobs. Employers may view a felony as a liability or a sign of unreliability, reducing the chances of the individual securing stable and well-paying employment.

Thirdly, specific professions may be off-limits to individuals with felony convictions. Occupations in education, healthcare, finance, and law enforcement often have strict requirements and may exclude applicants with felony records. Additionally, certain professional licenses may be jeopardized or revoked due to a felony conviction, further limiting employment opportunities.

It is important to note that North Carolina has taken steps to address this issue. The state enacted legislation in 2013 and 2019 to limit the ability of occupational licensing boards to deny licenses based solely on an applicant's criminal record. This legislation requires licensing boards to consider whether an applicant's criminal history is directly related to the licensed occupation.

While a felony conviction presents significant challenges in finding employment, there are resources available to help individuals with felony records reintegrate into society and find work. Reentry programs, counseling services, and support groups can assist in navigating the job market and overcoming barriers to employment.

The impact of a felony conviction on housing

A felony conviction in North Carolina can have severe and lasting consequences, impacting various aspects of life. The repercussions of a felony conviction extend beyond legal penalties and the loss of civil rights, causing difficulties in securing employment and housing.

Housing authorities have strict policies regarding felony convictions, and individuals with certain types of felony convictions, particularly those involving drugs or violence, may be ineligible for public housing assistance. This can significantly limit housing options and make it challenging to find stable housing.

Private landlords and rental companies also consider criminal records when screening prospective tenants. They often conduct background checks, which can easily reveal felony convictions. While Fair Housing Guidance states that denying housing based solely on a criminal record may be illegal, landlords can still reject applicants if their criminal history poses a perceived risk to other tenants or neighbours.

For those convicted of felony sex crimes, the challenges are even greater. Registration as a sex offender on the North Carolina Sex Offender Registry is mandatory, and this information is publicly accessible. Being listed as a sex offender can severely hinder access to housing, as landlords may be reluctant to rent to registered offenders.

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