21 NCAC 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).

History:                 Authority G.S. 93B-8.1;

Eff. July 1, 2020.