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N.C. Gen. Stat. § 8-35.2

Records of clerk of court criminal index admissible in certain cases

Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
Notwithstanding the provisions of G.S. 15A-924(d) or 15A-1340.4(e), certified copies of the records contained in the criminal index or similar records maintained manually or by automatic data processing equipment by the clerk of superior court, are admissible as prima facie evidence of any prior convictions of the person named in the records, if the original documents upon which the records are based have been destroyed pursuant to law. The index must contain at least the following information:
Notwithstanding the provisions of G.S. 15A-924(d) or 15A-1340.4(e), certified copies of the records contained in the criminal index or similar records maintained manually or by automatic data processing equipment by the clerk of superior court, are admissible as prima facie evidence of any prior convictions of the person named in the records, if the original documents upon which the records are based have been destroyed pursuant to law. The index must contain at least the following information:
(1) The case file number;
(1) The case file number;
(2) The name, sex, and race of the defendant;
(2) The name, sex, and race of the defendant;
(3) His address;
(3) His address;
(4) His driver's license number, if the conviction is for a motor vehicle offense and the number is available;
(4) His driver’s license number, if the conviction is for a motor vehicle offense and the number is available;
(5) The date of birth of the defendant, if it is available;
(5) The date of birth of the defendant, if it is available;
(6) The offense for which he was charged and the date of same;
(6) The offense for which he was charged and the date of same;
(7) The disposition of the charge and the date of same;
(7) The disposition of the charge and the date of same;
(8) Whether the defendant was indigent;
(8) Whether the defendant was indigent;
(9) Whether he was represented by an attorney, and if so, the name of the attorney;
(9) Whether he was represented by an attorney, and if so, the name of the attorney;
(10) Whether the defendant waived his right to an attorney, and
(10) Whether the defendant waived his right to an attorney, and
(11) The name and address of any victim, if available.
(11) The name and address of any victim, if available.
History
(1985, c. 606, s. 1; 1997-456, s. 27.)

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.