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Records Affecting Students - Student Records at NC State University
- Academic misconduct: A finding of Guilty for this charge can be placed on the transcript if a suspension or expulsion is ordered. There is a separate student judicial procedure that is used when pursuing academic misconduct charges. See NC State University Student Code of Conduct Academic Integrity.
- http://www2.ncsu.edu/ncsu/stud_affairs/policies/code95.html (BROKEN)
- Social misconduct: This is governed by the NC State University Student Code of Conduct. This only appears on a transcript if there has been a finding of suspension or expulsion. If a Campus Appearance Ticket is issued, a record is kept with the Code of Conduct Office and with Campus Police. If a violation occurs in the residence hall than a record is also kept with Housing and Residence Life. The Code of Conduct sets out the procedure for a Campus Appearance ticket.
- http://www2.ncsu.edu/prr/student_services/student_conduct/POL445.00.1.htm (BROKEN)
- Expungement: Certain wrongdoing can be expunged (removed) from a student's file at the discretion of the Student Code of Conduct Office after a one year period. After five (5) years the material must be destroyed. Students should make sure that they make this request to ensure that the records are destroyed. If an investigation was done and no campus appearance ticket was issued, the matters are removed from the student's file within 6 months. Expungements of expulsion and suspensions from transcripts are within the sole discretion of the Chancellor's Office.
- FERPA/Buckley Amendment/Release: If student gives written permission for the school to release their records, the entire educational record can be obtained by the requesting party including any social misconduct. This is commonly done when a potential employer or graduate school requests a student to sign a release to get a copy of the student's transcript. The student should make sure the release is limited just to the transcript and not for records in general. (FEREPA-Buckley Amendment)
- Release: If student gives written permission for the school to release their records, the entire file can be obtained by the requesting party including any social misconduct. This is commonly done when a potential employer or graduate school requests a student to sign a release to get a copy of the student's transcript. The student should make sure the release is limited just to the transcript and not for records in general. (FEREPA-Buckley Amendment)
Please be aware that if there is a violation of Housing and Residence Life Code, the record of that violation is kept with that office. If a campus appearance ticket is issued in conjunction with that violation, then a record will also be kept with Student Code of Conduct Office and with Campus Police.
- Medical Records: Medical records are not considered to be educational records under the Buckley Amendment and are not required to be released to the students themselves even at their request. A request must come from an attorney's office, a doctor's office or a court order.
Court Records
- Infraction: These are not considered to be a criminal offense and will not result in a criminal record. A student cannot be charged court costs for an infraction unless the infraction is a traffic ticket. The student can only be accessed a fine up to $50.00. One exception to that is a seatbelt violation carries a $50 fine and a $25 administrative charge.
- Misdemeanor: Prior to January 1, 1995 a misdemeanor was a crime punishable by up to two (2) years in prison and up to a $2,000 fine. Now misdemeanors are divided into 3 classes of severity which carry varying amounts of community service, fines and jail time depending on the crime and the defendant's record. A Misdemeanor does give the student a criminal record, which stays with an adult indefinitely. Certain offenses committed by someone under the age of 18 will also carry a permanent record such as alcohol offenses at the age of 16 or 17. A criminal record does not get erased every three years like a driving record does for purposes of insurance history.
- Ordinance/City Code Violation: The state Legislature has allowed cities to create their own body of law as it relates to activities within their city limits. Please beware that despite what anyone may tell you whether it is friends, courthouse personnel or a law enforcement agency, paying off these violations will result in a misdemeanor conviction . Raleigh City Code RCC 14-1005 indicates that an ordinance violation is a misdemeanor and NCGS 14-4 indicates that ordinance violations are misdemeanors.
- http://library8.municode.com/gateway.dll/NC/north%20carolina/1369?f=templates&fn=default.htm&npusername=10312&nppassword=MCC&npac_credentialspresent=true&vid=default 3-24-05 (LINK BROKEN)
- 14-4. Violation of local ordinances misdemeanor
03-24-05 - 160A-175. Enforcement of ordinances
03-24-05
- Felony: This is a crime that is punishable by two years or more in prison and a fine that is left up to the discretion of the judge. A conviction for a felony causes the felon to lose his or her citizenship rights (i.e., voting privileges, etc.). Examples of felonies are rape, armed robbery, murder, forgery, embezzlement, etc. There is a Uniform Sentencing Act, which sets out the type of punishment again depending on the crime and the defendant's record.
Sentencing
- Expungement: This is an erasure of a public criminal record by court order. With an expungement, the student can legally state that they have not been arrested or convicted of a crime, i.e. have no criminal record. While the expungement is pending, there is no conviction so the student can still say they have no criminal record. The expungement will totally remove from the public record any criminal information on the crime being expunged (i.e. arrest, plea, etc.). A record is kept at the Administrative Office of the Courts because a North Carolina only allows one expungement in a lifetime. This record is not accessible to the public. Should a student have any questions concerning how to answer a question on an application for a job or further schooling, they should see USLS for advice.
- First Offenders and 90-96 Programs: These programs are available to those who are arrested for their first misdemeanor. In order to get into either one of these diversionary programs, there can be no prior convictions for a misdemeanor or a felony and the student cannot have done the programs before. The First Offender's program is used for any crime not involving drugs, alcohol, violence or the DMV. The 90-96 Program is for any crime that deals with drugs and/or alcohol, but not violence or the DMV. There is usually a cost of $200.00 for the First offender's Program, which will also require 75 hours of community service. The 90-96 Program costs $150.00, which is the cost for the court approved drug/alcohol class. This class is different from the Alcohol 101 class offered through the University. Successfully completing these programs will result in a dismissal of the charges and an expungement of the criminal record.
- Felony Diversion Programs: This program can be available for anyone who has been charged with his or her first felony and who has not done a diversionary program before. They cannot have any prior convictions for a misdemeanor or a felony. This program involves doing 225 hours of community service along with other conditions and costs. Successfully completing this program will result in the dismissal of the charges and an expungement of the criminal record.
This is general information about Records and is not intended to be a substitute for legal advice as it relates to your particular situation. Consult with our office to discuss how your particular facts relate to the law.