Restoration of Rights After a Conviction in North Carolina
A criminal conviction can have lasting consequences beyond any sentence imposed by the court. Even after serving time or completing probation, individuals often face restrictions on their civil rights, including the right to vote, serve on a jury, hold public office, and possess firearms. In North Carolina, various legal mechanisms exist to restore these rights, but the process can be complex and depends on many factors, including the type of conviction, the time that has passed, and the individual’s circumstances.
Asheville criminal defense lawyer John Pritchard helps people convicted of crimes in Buncombe County restore their rights after a conviction whenever applicable. The Pritchard Firm assists clients with the restoration of firearm rights under G.S. 14-415.4 as well as other remedies, such as unconditional discharge, pardons, expungements, and certificates of relief.
Civil Rights Lost After a Conviction in North Carolina
When someone is convicted of a felony in North Carolina, they automatically lose certain civil rights. These include:
- The right to vote – Felony convictions suspend voting rights until completion of the sentence, including probation or parole.
- The right to serve on a jury – Individuals with felony convictions are typically barred from jury service until their rights are restored.
- The right to hold public office – Felons may not run for or serve in elected office while their rights are suspended.
- The right to possess firearms – State and federal law both prohibit individuals with felony convictions from owning or possessing firearms, with limited exceptions for those whose rights are later restored.
Misdemeanor convictions may affect some rights, but the most significant restrictions, particularly on firearms, apply to felonies.
Unconditional Discharge
One straightforward way rights are restored in North Carolina is through unconditional discharge after a sentence is fully served. Once an individual completes all terms of imprisonment, probation, or parole, the Division of Community Corrections issues a certificate of unconditional discharge.
This restores most civil rights, such as the right to vote and serve on a jury. However, unconditional discharge does not automatically restore firearm rights. Firearm restoration requires a separate process, discussed in detail below.
Pardons
In North Carolina, the Governor has the power to issue pardons, which may restore certain rights and, in some cases, clear a path to expungement. There are three types of pardons:
- Pardon of Forgiveness – Does not erase the conviction but may aid in employment or licensing.
- Pardon of Innocence – Granted when the individual is later proven innocent; allows for expungement of the record.
- Unconditional Pardon – Rarely granted, this restores most rights, though it does not always guarantee restoration of firearm rights under federal law.
Because pardons are discretionary and relatively uncommon, they are not the most accessible option for most people seeking rights restoration.
Expungement
Another potential remedy is expungement, which erases certain criminal records under specific conditions. In North Carolina, eligibility for expungement depends on factors such as the type of offense, the individual’s age at the time, and whether they have other convictions.
For example, some first-time, nonviolent felonies may be expunged after a waiting period, provided the person has remained law-abiding. Expungement restores most civil rights by eliminating the conviction from public records, though the process is not available for all offenses and does not apply to the most serious crimes.
Certificate of Relief
North Carolina also offers Certificates of Relief under G.S. 15A-173.2. These do not erase a conviction, but they provide relief from certain collateral consequences, such as barriers to employment or professional licensing. Certificates of relief may help individuals reintegrate into society, though they do not automatically restore firearm rights.
Restoration of Firearm Rights under G.S. 14-415.4
One of the most significant consequences of a felony conviction is the loss of the right to possess firearms. In North Carolina, this restriction applies regardless of whether the conviction occurred in state or federal court, and federal law generally enforces the same prohibition. However, North Carolina law allows some individuals to petition for restoration of firearm rights under G.S. 14-415.4.
Eligibility Requirements
Not everyone with a felony conviction can seek firearm rights restoration. The statute imposes many strict requirements. Firstly, the conviction must have been for a nonviolent felony as defined by law. Individuals with convictions for violent felonies, such as homicide, sex offenses, or drug trafficking, are generally not eligible. In addition, at least 20 years must have passed since the completion of the sentence, including probation or parole. The individual must not have been convicted of any additional crimes (other than minor traffic violations) during that 20-year period. In addition, the petitioner must be a North Carolina resident and provide proof of good character.
Petition Process
The process begins with filing a petition in the superior court of the county where the individual resides. The petition must include details of the conviction, evidence of rehabilitation, and proof that the statutory conditions are satisfied.
A hearing is then scheduled, during which the judge considers testimony, evidence, and any objections from the prosecutor or law enforcement. If granted, the order restores the right to possess firearms under North Carolina law.
Interaction with Federal Law
It is important to note that federal law also restricts firearm possession by felons. In many cases, a state court order under G.S. 14-415.4 is recognized federally, but there can be legal complications. This makes it essential for anyone pursuing firearm rights restoration to work with an experienced attorney who understands both state and federal firearm laws. (Attorney John Pritchard is a former state and federal prosecutor and is board-certified as a specialist in both state and federal criminal law.)
Other Firearm-Related Rights
Some individuals may lose gun rights not because of a felony conviction, but due to domestic violence charges or protective orders. North Carolina law prohibits firearm possession by individuals subject to certain domestic violence protective orders, and federal law enforces similar restrictions. Restoration in these cases may require separate legal action or the expiration of the order.
Why Legal Guidance Matters
The patchwork of laws governing rights restoration in North Carolina can be confusing. Some rights, such as voting, are automatically restored after completion of a sentence. Others, like firearm rights, require a long waiting period and a formal petition. Still others, like the right to hold public office or serve on a jury, may be affected differently depending on the type of conviction and whether it was state or federal.
An attorney experienced in post-conviction relief can:
- Review eligibility for expungement, pardon, or certificates of relief.
- Evaluate whether a client qualifies for firearm rights restoration.
- Prepare and file petitions with the appropriate court.
- Represent clients in hearings and respond to challenges from prosecutors.
- Ensure compliance with both state and federal law to avoid future complications.
Moving Forward After a Conviction in Buncombe County
A criminal conviction does not have to define the rest of your life. North Carolina law provides multiple avenues to restore rights and regain opportunities that may have been lost. Whether you are seeking to restore your right to vote, clear your record through expungement, or petition for the return of firearm rights, it is possible to move forward.
With the right legal guidance, you can take meaningful steps toward rebuilding your future and restoring the rights that matter most. Contact The Pritchard Firm in Asheville today to explore your options and find out how we can help.
