N.C. Gen. Stat. § § 42-69
Relation to criminal proceedings.
Operative Text
(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.)
N.C. Gen. Stat. § 42-69 governs the relationship between criminal proceedings and civil actions related to criminal activity on rental property. A civil case under this Article can proceed, pause, or conclude regardless of whether a criminal case was ever filed or resulted in a conviction. However, if a criminal case does end in a conviction or delinquency adjudication, that outcome serves as conclusive proof in the civil action that the underlying criminal activity took place; additionally, evidence from criminal proceedings—including sealed records under certain conditions—may be introduced in the civil case.
Plain English — not legal advice.
Under N.C. Gen. Stat. § 42-69, property owners pursuing civil remedies related to criminal activity on their premises are not required to wait for a criminal case to conclude before moving forward. A final criminal conviction or adjudication of delinquency, if one exists, can be used as conclusive proof in the civil proceeding, which may strengthen the evidentiary record. Operators who document incidents thoroughly and coordinate with legal counsel generally position themselves to make effective use of any available criminal-proceeding records, including transcripts, in a civil action under this Article.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-69 means that a landlord can bring a civil action against a tenant—or a tenant can face civil proceedings—even if no criminal charges were filed or a criminal case ended without a conviction. Tenants should be aware that a criminal conviction or delinquency adjudication can be used as conclusive proof of the underlying conduct in a related civil case. Those facing civil proceedings under this Article may wish to consult a tenant-rights organization or legal aid provider to understand how the evidentiary rules of § 42-69, including the potential use of sealed criminal records, could affect their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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