The Commission’s governing statute is found in Article 92 of the North Carolina General Statutes.


These Rules and Procedures serve as a guideline for all functions of the Commission and the Commission staff.


Case Progression Flowchart

Click here to download a PDF version of the Case Progression Flowchart

Frequently Asked Questions

All of the following criteria must be met before an innocence claim may be investigated:

  1. Conviction must have been in a North Carolina state court. N.C. G.S. 15A-1460(1).
  2. Conviction must be for a felony. N.C. G.S. 15A-1460(1).
  3. Applicant must be a living person. N.C. G.S. 15A-1460(1).
  4. Applicant must be claiming complete factual innocence for any criminal responsibility for the crime. N.C. G.S. 15A-1460(1).
  5. Credible evidence of innocence must exist. N.C. G.S. 15A-1460(1).
  6. Verifiable evidence of innocence must exist. N.C. G.S. 15A-1460(1).
  7. Claim must not have been previously heard at trial or in a post-conviction hearing. N.C. G.S. 15A-1460(1).
  8. Applicant must sign agreement pursuant to § 15A-1467.

Annual Reports

The Commission provides an annual report to the General Assembly.