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North Carolina’s 90-96 law: An opportunity for a second chance

On Behalf of | Sep 23, 2024 | Firm News |

Everyone makes mistakes, but not all errors should have life-altering penalties. North Carolina’s 90-96 law recognizes this, offering those facing drug charges for the first time a path to redemption.

The 90-96 law serves a dual purpose: to offer people a chance to avoid a permanent criminal record and to provide help and support in dealing with potential drug issues early on. It balances accountability with compassion, understanding that factors like mental health or unique situations can lead to a one-time lapse in judgment. For those willing to commit to change, the 90-96 law offers a chance for a fresh start.

How does it work?

Individuals charged with possession of drugs or drug paraphernalia are eligible as long as they have no previous felony convictions and have not gone through the program before. People under 22 may also be eligible if their charge only involved toxic vapors or drug paraphernalia, even if it is not their first offense. However, those charged with serious drug crimes may need the district attorney’s approval.

If you are eligible, the court puts your case on hold without sentencing. They then place you on probation for 12 to 24 months, during which you may need to:

  • Complete drug education classes or treatment.
  • Pass regular drug tests.
  • Do community service.
  • Accomplish other conditions like maintaining a job or continuing your education.

If you successfully finish the program, the court will dismiss your charges. You may also be eligible to have the court erase their arrest and charges from their public record after a certain waiting period. However, take note that this may still count as a conviction for immigration purposes.

A clear record can significantly improve your chances of getting jobs, housing and other opportunities. While expungement isn’t automatic and may require additional legal steps, it offers a chance for a truly clean slate.

You deserve a second chance

Every situation is unique. If you think that you or a loved one might qualify for the 90-96 program, make sure to consult with an attorney who can guide you through the process.