North Carolina General Statutes § 15A-173.1 Definitions

The following definitions apply in this Article:

(1)        Collateral consequence. - A collateral sanction or a disqualification.

(2)        Collateral sanction. - A penalty, disability, or disadvantage, however denominated, imposed on an individual as a result of the individual's conviction of an offense which applies by operation of law, whether or not the penalty, disability, or disadvantage is included in the judgment or sentence. The term does not include imprisonment, probation, parole, post-release supervision, forfeiture, restitution, fine, assessment, or costs of prosecution.

(3)        Disqualification. - A penalty, disability, or disadvantage, however denominated, that an administrative agency, governmental official, or court in a civil proceeding may impose on an individual on grounds relating to the individual's conviction of an offense.

(4)        District attorney. - The office of the district attorney that prosecuted the offense giving rise to the collateral consequence from which relief is sought.  (2011-265, s. 1.)

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Last modified: March 23, 2014