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North Carolina

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

North Carolina Innocence Inquiry Commission

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to withdraw the plea or for “appropriate relief,” which may challenge the person’s conviction or sentence based on legal errors in the proceedings or issues with the evidence.
  • Victims can receive information about post-trial motions from the District Attorney’s Office where the case was prosecuted. Victims may also find or search court dates by the defendant’s name, and in certain parts of North Carolina, they may subscribe to court date notifications for criminal cases, which will be sent by email or text message.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The North Carolina Attorney General represents the state on direct appeal. To receive appeal updates, victims can contact the District Attorney’s Office where the case was prosecuted to ensure that the office has their updated contact information. Victims can search for direct appeal information on the North Carolina Court of Appeals website.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The North Carolina Attorney General represents the state in state post-conviction proceedings. To receive an appeal on the state post-conviction process, victims can contact the District Attorney’s Office where the case was prosecuted to ensure that the office has their updated contact information. Victims can also contact the Attorney General’s Office of Victims and Citizens Services at (919) 716-6780.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under North Carolina law may go to federal court in a process called “habeas corpus.”
  • Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The North Carolina Attorney General represents the state in federal habeas corpus proceedings. To receive information about federal habeas corpus, victims can contact the District Attorney’s Office where the case was prosecuted to ensure that the office has their updated contact information. Victims can also contact the Attorney General’s Office of Victims and Citizens Services at (919) 716-6780.

Early Release Programs

These programs can include parole, medical release, Advanced Supervised Release, Extended Limits of Confinement, or earning “credits” in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in North Carolina, including parole, medical release, Advanced Supervised Release (which allows people convicted of certain felonies to reduce their sentences by participating in risk-reduction programs and maintaining a defined level of positive behavior), Extended Limits of Confinement (through which a person may serve part of their sentence outside prison where the Department of Public Safety deems that placement necessary for family, vocational, medical or other reasons) or earning “credits” for good behavior or participation in vocational, rehabilitative, educational or other programs in prison.
  • For notifications about an individual’s prison, probation, or custody status, victims may register with NC SAVAN (North Carolina Statewide Automated Victim Assistance and Notification) at 1-877-NC-SAVAN or online at www.ncsavan.org. To receive notifications from the Department of Adult Correction, victims can submit a Victim Notification Request and submit it to Victim Support Services. For assistance, victims can contact DAC Victim Support Services by email or by phone at 1-866-719-0108. For updates on a convicted individual’s parole eligibility and process, victims must send a written request to the Post-Release Supervision and Parole Commission. (Note that the parole review process in North Carolina only applies to people who committed their crime before October 1, 1994.)

North Carolina Innocence Inquiry Commission

In rare cases, a state agency may revisit a person’s conviction when they have new proof of their innocence.
  • North Carolina has established a Commission to investigate claims of innocence filed by people convicted of homicide, robbery, sex offense, or class A through E felony in state court. For the Commission to review the claim, the convicted person must present new, credible evidence of innocence that the jury did not hear or that was not available before the plea. The Commission cannot review procedural errors, sentencing issues, or any other claims not associated with actual innocence.
  • Victims can learn more information through the Commission’s Victim Services Program.

Clemency

In rare cases, the governor may grant the convicted person relief from their conviction or sentence.
  • The governor can grant clemency to people convicted under North Carolina law. The Clemency Office and North Carolina Post Release Supervision and Parole Commission support the governor in this work. Clemency typically takes the form of a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • Victims receive notification of clemency from the Governor’s Clemency Office. Victims can contact the office by email or by calling 919-324-1456.

Victims Rights
Post-Conviction

In North Carolina, victims have the right to:
  • Treatment with dignity and respect
  • Reasonable, accurate, and timely notification of court proceedings
  • An explanation of the appeals process and a right to notification of the date, time, and place of appeal proceedings
  • Notification of the results of an appeal*
  • Be present at appeals arguments and post-conviction hearings
  • Notification of the escape, proposed parole, expected release, actual release, death, and probation hearings of the convicted individual
  • Notification of a proposed pardon, reprieve, or commutation of the convicted individual*
  • Be heard in the parole and request certain conditions of parole
  • Seek restitution and apply for victim’s compensation
  • Prompt return of property that is no longer needed as evidence
  • Assert their rights and file a complaint for the violation of their rights as a victim


* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, North Carolina’s Crime Victims Compensation Services reimburses victims for expenses related to the crime, such as medical care, lost wages, and funeral costs.
  • Victims may request assistance with unpaid restitution by contacting the N.C. Department of Public Safety Victim Services at 1-866-719-0108 or 800-826-6200. Victims can apply for Crime Victims Compensation by completing an application. For assistance with compensation, victims can contact Victim Services by phone at 800-826-6200 or (919) 733-7974. Applications must be submitted within two years of the crime. 
Click here to learn more about the post-conviction process and victims’ rights in North Carolina

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