§ 8-35.2. Records of clerk of court criminal index admissible in certain cases. - North Carolina Statutes

§8‑35.2.  Records of clerk of court criminal index admissible in certaincases.

Notwithstanding the provisionsof G.S. 15A‑924(d) or 15A‑1340.4(e), certified copies of therecords contained in the criminal index or similar records maintained manuallyor by automatic data processing equipment by the clerk of superior court, areadmissible as prima facie evidence of any prior convictions of the person namedin the records, if the original documents upon which the records are based havebeen destroyed pursuant to law. The index must contain at least the followinginformation:

(1)        The case filenumber;

(2)        The name, sex, andrace of the defendant;

(3)        His address;

(4)        His driver's licensenumber, if the conviction is for a motor vehicle offense and the number isavailable;

(5)        The date of birth ofthe defendant, if it is available;

(6)        The offense forwhich he was charged and the date of same;

(7)        The disposition ofthe charge and the date of same;

(8)        Whether thedefendant was indigent;

(9)        Whether he was representedby an attorney, and if so, the name of the attorney;

(10)      Whether the defendantwaived his right to an attorney, and

(11)      The name and addressof any victim, if available. (1985, c. 606, s. 1; 1997‑456,s. 27.)