NC General Statutes

N.C. Gen. Stat. § 148-82 (2026)

Provision for compensation

✓ current as of July 2026

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(a) Any person who, having been convicted of a felony and having been imprisoned therefor in a State prison of this State, and who was thereafter or who shall hereafter be granted a pardon of innocence by the Governor upon the grounds that the crime with which the person was charged either was not committed at all or was not committed by that person, may as hereinafter provided present by petition a claim against the State for the pecuniary loss sustained by the person through his or her erroneous conviction and imprisonment, provided the petition is presented within five years of the granting of the pardon.

(b) Any person who, having been convicted of a felony after pleading not guilty or nolo contendere and having been imprisoned therefor in a State prison of this State, and who is determined to be innocent of all charges and against whom the charges are dismissed pursuant to G.S. 15A-1469 may as hereinafter provided present by petition a claim against the State for the pecuniary loss sustained by the person through his or her erroneous conviction and imprisonment, provided the petition is presented within five years of the date that the dismissal of the charges is entered by the three-judge panel under G.S. 15A-1469. (1947, c. 465, s. 1; 1997-388, s. 1; 2010-171, s. 3; 2012-7, s. 11.)

§ 148-83. Form, requisites and contents of petition; nature of hearing.

Such petition shall be addressed to the Industrial Commission, and must include a full statement of the facts upon which the claim is based, verified in the manner provided for verifying complaints in civil actions, and it may be supported by affidavits substantiating such claim. Upon its presentation the Industrial Commission shall fix a time and a place for a hearing, and shall mail notice to the claimant, and shall notify the Attorney General, at least 15 days before the time fixed therefor. (1947, c. 465, s. 2; 1963, c. 1174, s. 4; 1973, c. 1262, s. 10; 1997-388, s. 2.)

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 2015–2026 · leading case: Est. of Jacobs v. State, 775 S.E.2d 873 (N.C. Ct. App. 2015).

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Est. of Jacobs v. State, 775 S.E.2d 873 (N.C. Ct. App. 2015). · cites it 48× “" The estates of Jacobs, Shepard, Tindall, and Wright ("plaintiffs") and the six living members of the Wilmington Ten all filed petitions with the North Carolina Industrial Commission on 25 February 2013 under Article 8, Chapter 48 of the North Carolina General Statutes ( N.C.…”

Nick C. Rhoades v. State of Iowa, 880 N.W.2d 431 (Iowa 2016). · cites it 2× “§ 10-501(b) (2015); N.C. Gen. Stat. § 148-82 (2015). 17 to be false.”

Paul Kamienski Vs. State of New Jersey, Departmentof Treasury(l-2106-10, Mercer Cnty. & Statewide), 169 A.3d 493 (N.J. Super. Ct. App. Div. 2017). “) (interpreting N.C. Gen. Stat. §§ 148-82 to -84 (2016)), review denied, 778 S.”

State of Iowa v. Patrick Ryan Nicoletto, 862 N.W.2d 621 (Iowa 2015). · cites it 2× “27, 2015) (providing for educational aid to claimants who were wrongfully “incarcerated in a state prison for any period of time”); N.C. Gen.Stat. Ann. § 148-82(a) (West, Westlaw current through 2015 Reg.”

Ross v. N.C. Dep't of Adult Corr. (N.C. Ct. App. 2026). · cites it 3× “In 2005, Ross petitioned the Industrial Commission for monetary relief related to his conviction and imprisonment under N.C.G.S. § 148-82; his petition was denied.”

Osnarque v. Bender (W.D.N.C. 2023). · cites it 2× “See N.C. Gen. Stat. § 148-82 et seq. the Complaint which set forth a claim that is cognizable under federal law.”

Amended August 23, 2016 Nick C. Rhoades v. State of Iowa (Iowa 2016). “§ 10-501(b) (2015); N.C. Gen. Stat. § 148-82 (2015). 17 to be false.”

— N.C. Gen. Stat. § 148-82(a) — 2 cases

Est. of Jacobs v. State, 775 S.E.2d 873 (N.C. Ct. App. 2015). “" The estates of Jacobs, Shepard, Tindall, and Wright ("plaintiffs") and the six living members of the Wilmington Ten all filed petitions with the North Carolina Industrial Commission on 25 February 2013 under Article 8, Chapter 48 of the North Carolina General Statutes ( N.C.…”

State of Iowa v. Patrick Ryan Nicoletto, 862 N.W.2d 621 (Iowa 2015). “27, 2015) (providing for educational aid to claimants who were wrongfully “incarcerated in a state prison for any period of time”); N.C. Gen.Stat. Ann. § 148-82(a) (West, Westlaw current through 2015 Reg.”

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