• Notification: § 15A-1467(c): If a formal inquiry regarding a claim of factual innocence is granted, the Director shall use all due diligence to notify the victim in the case and explain the inquiry process. The Commission shall give the victim notice that the victim has the right to present his or her views and concerns throughout the Commission's investigation.
• Commission proceedings: § 15A-1468(b): The Director shall use all due diligence to notify the victim at least 30 days prior to any proceedings of the full Commission held in regard to the victim's case. The Commission shall notify the victim that the victim is permitted to attend proceedings otherwise closed to the public, subject to any limitations imposed by this Article. If the victim plans to attend proceedings otherwise closed to the public, the victim shall notify the Commission at least 10 days in advance of the proceedings of the victim's intent to attend.
• § 15A-1468(c): The Director of the Commission shall use all due diligence to notify immediately the victim of the Commission's conclusion in a case.
• Post-commission three-judge panel: § 15A-1469(f): The clerk of court shall provide written notification to the victim 30 days prior to any case-related hearings.

• NC Marsy’s Law: North Carolina Constitution Art. 1, § 37
  • (1) Basic rights.— Victims of crime or acts of delinquency shall be treated with dignity and respect by the criminal justice system.
  • (1a) Enumerated rights.— When the crime or act of delinquency is one against or involving the person of the victim or is equivalent to a felony property crime, the victim is entitled to the following rights:

(a) The right, upon request, to reasonable, accurate, and timely notice of court proceedings of the accused.

(a1) The right, upon request, to be present at court proceedings of the accused.

(b) The right to be reasonably heard at any court proceeding involving the plea, conviction, adjudication, sentencing, or release of the accused.

(c) The right to receive restitution in a reasonably timely manner, when ordered by the court.

(d) The right to be given information about the crime or act of delinquency, how the criminal justice system works, the rights of victims, and the availability of services for victims.

(e) The right, upon request, to receive information about the conviction, adjudication, or final disposition and sentence of the accused.

(f) The right, upon request, to receive notification of escape, release, proposed parole or pardon of the accused, or notice of a reprieve or commutation of the accused’s sentence.

(g) The right to present the victim’s views and concerns to the Governor or agency considering any action that could result in the release of the accused, prior to such action becoming effective.

(h) The right to reasonably confer with the prosecution.

• According to the National Registry of Exonerations, more than three thousand individuals have been exonerated in the U.S. since 1989. National statistics show that the percentage of wrongful conviction claims that result in exoneration is somewhere between .5% and 1%. As of 2022, 0.58% of the cases the Commission has investigated have resulted in an exoneration or relief (often resulting in release) after a post-conviction Motion for Appropriate Relief or other proceeding as a result of the Commission’s investigation. Although this is a small percentage, it is important to recognize exonerations directly impact the lives of the people involved and victims may need support and services to heal after an exoneration.

• Most crime victims are notified of a Commission investigation when a case reaches the stage “formal inquiry” and will likely go to a hearing. The majority of innocence claims the Commission receives are closed prior to this stage. In some circumstances, victim contact is required during an investigation.  In these cases, the Victim Services Program Manager will make contact with the victim of crime, provide information about the case, and will facilitate contact between the victim and Commission investigators.  The Victim Services Program Manager will serve as advocate during investigative interviews and is available to answer questions and address any concerns.

• You will be given at least 30 days’ notice prior to the Commission hearing. During that time, you can choose whether to attend the hearing, coordinate travel to the hearing, and decide if you would like to make a Victim Impact Statement.  The Victim Services Program Manager is available to discuss all your options and answers any questions you may have about attending the hearing.
• Travel: The Victim Services Program will cover the cost of travel to Raleigh to attend the Commission hearing. The cost of your hotel room will be covered, and the cost of meals and mileage will be reimbursed at the state travel rate.  This funding may be limited to two individuals attending the hearing, but you can work with the Victim Services Program Manager to address you and your loved ones’ unique needs.
• Commission hearing: If you choose to attend the Commission hearing, you can either attend in the hearing room or have the hearing streamed to a private space in the building. The Commission has a designated space for victims and support persons to view the hearing.
• Victim Impact Statement: A Victim Impact Statement is a written or oral statement presented to the Commission prior to deliberation. Victim Impact Statements are an opportunity for the Commission to hear how a criminal action has affected you and those that you love.  Ultimately, the decision to present a Victim Impact Statement is entirely yours.  If you choose to present a statement, the hearing room will be closed to the public while you give your statement.  If Commissioners determine the case will move forward to a three-judge panel, the statement will be available within the hearing transcript.  Please contact the Victim Services Program Manager if you have any questions about the confidentiality of your Victim Impact Statement.

If the Commission's investigation results in the exoneration or release of a claimant, the following services are available to you.

• Safety Planning Services
  • The Commission recognizes that the exoneration or release of a claimant can cause victims to have security concerns moving forward. Although it is our position that harm is unlikely to occur, we believe that everyone deserves to feel safe in their community and in their home. To address concerns about safety and privacy, the Victim Services Program Manager provides safety planning services.  Safety planning can include adding security measures to your home, assessing your privacy, and making a plan with your family and community to maintain your safety.  Finding ways to stay and feel safe is an important part of healing, and these actions can provide a sense of security that everyone deserves to have.
• Access to Restorative Justice Processes
  • The Commission’s Victim Services Program has a partnership with Healing Justice, a national nonprofit that serves exonerees and original victims of crimes that resulted in a wrongful conviction. Through this partnership, the Commission can offer restorative justice processes. Restorative justice addresses the harm caused by a crime or conflict through seeking to understand how impacted individuals experienced that harm and what their needs are in the wake of that experience. The Victim Services Program will provide a safe setting and process for participants to share their perspectives, ask questions, and create a better understanding of the crime and the wrongful conviction. This might be a good fit for you if your case resulted in an exoneration and you would like to meet other people impacted by the case.  You can explore this process by speaking with the Victim Services Program Manager and Healing Justice.

• The Commission works to ensure that victims have a choice to attend the hearing. It is unlikely that a victim would be mandated to attend the hearings. However, there are circumstances in which a victim may be required to testify.  For example, a victim may be asked to testify if they have personal knowledge of new evidence of innocence or if they recanted their original statements about the crime.  Even then, Commission staff will first present interview transcripts to the Commissioners rather than requiring victims to testify in-person.

• Yes. The Administrative Office of the Courts, which houses the NC Innocence Inquiry Commission, has translators and interpreters available. This service must be requested and is available to any party connected to the Commission’s case.

• You can contact Emma Paul, the Victim Services Program Manager, via email at [email protected] or by phone at (919) 890-1580.