§ 13-2. Issuance and filing of certificate or order of restoration. - North Carolina Statutes

§13‑2.  Issuance and filing of certificate or order of restoration.

(a)        The agency,department, or court having jurisdiction over the inmate, probationer, paroleeor defendant at the time his rights of citizenship are restored under theprovisions of G.S. 13‑1(1) shall immediately issue a certificate or orderin duplicate evidencing the offender's unconditional discharge and specifyingthe restoration of his rights of citizenship.

The original of suchcertificate or order shall be promptly transmitted to the clerk of the GeneralCourt of Justice in the county where the official record of the case from whichthe conviction arose is filed.  The clerk shall then file the certificate ororder without charge with the official record of the case.

(b)        In the case of aperson convicted of a crime against another state or the United States, whoserights to citizenship have been restored according to G.S. 13‑1, thefollowing provisions shall apply:

(1)        It shall be the dutyof the clerk of the court in the county where such person resides, upon ashowing by such person or his representative that the conditions of G.S. 13‑1have been met, to issue the certificate evidencing the offender's unconditionaldischarge and specifying the restoration of his rights of citizenship.  Forpurposes of this subsection, the fulfillment of the conditions of G.S. 13‑1shall be considered met upon the presentation to the clerk of any paper writingfrom the agency of any other state or of the United States which hadjurisdiction over such person, which shows that the conditions of G.S. 13‑1have been met.

(2)        The certificatedescribed in subdivision (b)(1) shall be filed by the clerk of the GeneralCourt of Justice in the county in which such person resides.

The provisions of this subsectionapply equally to conditional and unconditional pardons by the governor of anyother state or by the President of the United States, as well as unconditionaldischarges by the agency of another state or of the United States havingjurisdiction over said person. (1971, c. 902; 1973, c. 251;1977, c. 813, s. 2; 1991, c. 274, s. 2.)