Resignation Officer With A Felony In North Carolina
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FAQ
No individual or small group hires or fires the Sheriff, or has the authority to interfere with the operations of the office. Elected sheriffs are accountable directly to the constitution of their state, the United States Constitution, statutes, and the citizens of their county.
Every application for pardon must be made to the Governor in writing, signed by the party convicted, or by some person in his behalf.
Sheriff's office: The sheriff's office hierarchy starts with the sheriff at the top, followed by undersheriff, chief deputy, captain, lieutenant, sergeant and deputy sheriff . The captain may be responsible for a specific unit, while the sergeant may be responsible for a squad of deputies.
In some states, the governor can suspend an elected county official, including a sheriff, for cause, but removal requires action by the legislature. In other states, state constitutions provide that the governor can remove an elected sheriff.
The bill: If passed, the Second Chance Act would automatically expunge (remove) from a person's criminal record charges that were dismissed, or for which a person was found not guilty. It would also allow for expungement of some juvenile convictions and certain nonviolent misdemeanor and nonviolent felony convictions.
This can be obtained electronically and printed, or you can visit the Office of the Clerk of Superior Court where they will provide you with a form. After you fill out the form, you will need to file the petition in the county where you were convicted, and the clerk's office will contact the District Attorney's office.
By law, pardon applications to the governor must be in writing and signed by the convicted person or someone on his behalf. The application must contain the reasons for asking for the pardon and a certified copy of the indictment, verdict, and court judgment (NCGS § 147-21).
Once a person is convicted of a felony, they lose the right to vote in North Carolina until they have completed their sentence. This includes completing any aspect of their sentences in prison or jail, as well as any period of probation, post-release supervision, or parole associated with a felony sentence.
Deciding between seeking a pardon or an expungement depends on your individual circumstances and goals. A pardon may be more appropriate if restoring civil rights is your primary concern, while expungement is typically better for those looking to remove the conviction from their record entirely.
