42-69. Relation to criminal proceedings.
(a) Criminal Proceedings, Conviction, or Adjudication Not Required. - The fact that a criminal prosecution involving the criminal activity is not commenced or, if commenced, has not yet been concluded or has terminated without a conviction or adjudication of delinquency shall not preclude a civil action or the issuance of any order pursuant to this Article.
(b) Effect of Conviction or Adjudication. - Where a criminal prosecution involving the criminal activity results in a final criminal conviction or adjudication of delinquency, such adjudication or conviction shall be considered in the civil action as conclusive proof that the criminal activity occurred.
(c) Admissibility of Criminal Trial Recordings or Transcripts. - Any evidence or testimony admitted in the criminal proceeding, including recordings or transcripts of the adult or juvenile criminal proceedings, whether or not they have been transcribed, may be admitted in the civil action initiated pursuant to this Article.
(d) Use of Sealed Criminal Proceeding Records. - In the event that the evidence or records of a criminal proceeding which did not result in a conviction or adjudication of delinquency have been sealed by court order, the court in a civil action brought pursuant to this Article may order such evidence or records, whether or not they have been transcribed, to be unsealed if the court finds that such evidence or records would be relevant to the fair disposition of the civil action. (1995, c. 419, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 42 - Landlord and Tenant
Article 7 - Expedited Eviction of Drug Traffickers and Other Criminals.
§ 42-59.1 - Statement of Public Policy.
§ 42-60 - Nature of actions and jurisdiction.
§ 42-63 - Remedies and judicial orders.
§ 42-64 - Affirmative defense or exemption to a complete eviction.
§ 42-65 - Obstructing the execution or enforcement of a removal or eviction order.
§ 42-66 - Motion to enforce eviction and removal orders.
§ 42-67 - Impermissible defense.
§ 42-68 - Expedited proceedings.
§ 42-69 - Relation to criminal proceedings.
§ 42-71 - Protection of threatened witnesses or affiants.
§ 42-72 - Availability of law enforcement resources to plaintiffs or potential plaintiffs.
§ 42-74 - Preliminary or emergency relief.