21 N.C. Admin. Code 6C.0913

Current through Register Vol. 39, No. 9, November 1, 2024

Section 06C .0913 - PREDETERMINATIONS FOR INDIVIDUALS WITH CRIMINAL RECORDS

(a) An individual who wishes to request a predetermination under G.S. 93B-8.1(b6) shall submit a petition with the following:

(1) The person's full name;

(2) The person's social security number;

(3) The person's date of birth;

(4) The person's current address;

(5) A complete and accurate criminal history record from the Federal Bureau of Investigation;

(6) Three character references from individuals chosen by the petitioner;

(7) A notarized affirmation under oath that the information in the petition is accurate and true to the best of the petitioner's knowledge; and

(8) For each offense in the criminal history record, the following information:

(A) Whether the crime was a felony or misdemeanor;

(B) The date that the person was convicted of the offense;

(C) The sentence imposed for the crime;

(D) If the petitioner has completed the sentence, documentation from the appropriate court showing that the petitioner has met all court-imposed sentencing conditions or that records pertaining to the applicant either do not exist or have been purged;

(E) If the petitioner has not completed the sentence, either a statement written by the petitioner describing, or documentation from the sentencing court showing, the status of the petitioner's efforts toward meeting the sentencing requirements, including the expected date of completion;

(F) If applicable, evidence of a Certificate of Relief granted under G.S. 15A-173.2;

(G) If applicable, evidence of completion of or active participation in rehabilitative measures, such as drug or alcohol treatment, domestic-violence or anger-management counseling, or Drug Court programs; and

(H) A statement by petitioner that describes the circumstances surrounding the commission of the crime.

(b) The petition shall be accompanied by a non-refundable petition fee of forty-five dollars ($45.00).

(c) The Board delegates authority to make predeterminations to the Executive Director, who shall issue a response as required by G.S. 93B-8.1(b6).

21 N.C. Admin. Code 06C .0913

Authority G.S. 93B-8.1;
Adopted by North Carolina Register Volume 35, Issue 03, August 3, 2020 effective 7/1/2020.