North Carolina earns a B+ for its civil forfeiture laws
Standard of Proof
Highest bar to forfeit in most cases: In general, North Carolina has only criminal forfeiture. However, prosecutors can pursue civil forfeiture in racketeering cases, where they must prove by preponderance of the evidence that property is connected to a crime.
Innocent Owner Burden
Poor protections for the innocent: In racketeering cases, third-party owners must prove their own innocence to recover seized property.
Financial Incentive
No profit incentive: All forfeiture proceeds go to fund schools.
The letter grade reflects North Carolina’s forfeiture laws as of May 7, 2025. When we become aware of relevant reforms, we are updating the standard of proof, innocent owner burden and financial incentive language above, but we are not updating the letter grade.
Recent Reforms
Recommendations
What happens after personal property is seized in North Carolina?
Under North Carolina’s drug forfeiture law, the government can generally pursue only criminal forfeiture, not civil forfeiture.* Forfeiture occurs as part of the criminal proceedings against a defendant, and property can be forfeited only if the defendant is convicted. While you wait for criminal proceedings to conclude, the government has your property, although the court has jurisdiction to return vehicles to innocent owner claimants.
*Civil forfeiture is available in racketeering cases.
For research methods and limitations, see “How We Documented Civil Forfeiture Processes From Seizure to Hearing.”
State and Federal Forfeiture Proceeds, 2000–2023
At least $364 million in federal forfeiture revenue
| Year | North Carolina Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total |
|---|---|---|---|---|
| 2000 | None Reported | $7,125,291 | $1,018,000 | $8,143,291 |
| 2001 | None Reported | $6,808,539 | $754,000 | $7,562,539 |
| 2002 | None Reported | $4,581,800 | $1,632,000 | $6,213,800 |
| 2003 | None Reported | $9,480,431 | $899,000 | $10,379,431 |
| 2004 | None Reported | $8,536,628 | $720,000 | $9,256,628 |
| 2005 | None Reported | $10,121,517 | $3,802,000 | $13,923,517 |
| 2006 | None Reported | $10,817,405 | $2,675,000 | $13,492,405 |
| 2007 | None Reported | $20,920,094 | $2,734,000 | $23,654,094 |
| 2008 | None Reported | $17,964,512 | $6,888,000 | $24,852,512 |
| 2009 | None Reported | $15,445,754 | $7,081,000 | $22,526,754 |
| 2010 | None Reported | $10,600,785 | $3,276,000 | $13,876,785 |
| 2011 | None Reported | $10,603,162 | $2,761,000 | $13,364,162 |
| 2012 | None Reported | $15,563,496 | $4,108,000 | $19,671,496 |
| 2013 | None Reported | $12,763,130 | $5,002,000 | $17,765,130 |
| 2014 | None Reported | $10,805,901 | $5,736,000 | $16,541,901 |
| 2015 | None Reported | $11,883,462 | $3,651,000 | $15,534,462 |
| 2016 | None Reported | $8,709,152 | $5,480,000 | $14,189,152 |
| 2017 | None Reported | $9,256,927 | $1,915,000 | $11,171,927 |
| 2018 | None Reported | $17,116,834 | $2,237,000 | $19,353,834 |
| 2019 | None Reported | $11,277,342 | $1,019,000 | $12,296,342 |
| 2020 | None Reported | $6,613,196 | $5,467,000 | $12,080,196 |
| 2021 | None Reported | $5,016,143 | $6,781,000 | $11,797,143 |
| 2022 | None Reported | $17,758,457 | $7,625,000 | $25,383,457 |
| 2023 | None Reported | $15,996,737 | $5,431,000 | $21,427,737 |
| Totals | None Reported | $275,766,695 | $88,692,000 | $364,458,695 |
All revenue figures include both civil and criminal forfeitures. Revenues are not adjusted for inflation.
Federal Equitable Sharing
North Carolina does not prevent state and local law enforcement agencies from using the federal equitable sharing program to circumvent state forfeiture law. Since 2000, North Carolina agencies have generated more than $364 million in equitable sharing proceeds from the departments of Justice and the Treasury. And on average from 2019 to 2023, more than 280 North Carolina agencies, or an estimated 57% of all law enforcement agencies in the state, were certified for the program.
Forfeitures Under North Carolina Law: Key Facts
Median Value
UNKNOWN
North Carolina says it does not conduct forfeitures under state law.
Property Types
UNKNOWN
North Carolina says it does not conduct forfeitures under state law.
Proceeding Types
UNKNOWN
North Carolina says it does not conduct forfeitures under state law.
Civil forfeiture is available in racketeering cases.
Forfeiture Transparency and Accountability Report Card
Tracking Seized Property
FStatewide Forfeiture Reports
FPenalties for Failure to File a Report
Incomplete ‡Accounting for Forfeiture Fund Spending
N/A †Accessibility of Forfeiture Records
FFinancial Audits of Forfeiture Accounts
N/A †While North Carolina claims it does not engage in forfeiture, state law does permit the practice and therefore robust reporting requirements should be in place.
†These grades are not applicable as North Carolina does not permit law enforcement to spend state forfeiture revenue.
‡No reporting requirements to enforce.
For full transparency and accountability grades, visit ij.org/TransparencyReportCards.
Data Notes
According to the North Carolina Department of Revenue, the state does not conduct forfeitures under state law. Equitable sharing data are from DOJ’s and Treasury’s annual forfeiture reports. The number of certified agencies was computed using the approved Equitable Sharing Agreement and Certification requests submitted by police, sheriff, and other local law enforcement agencies. The percentage of certified agencies was computed using that number and the total number of agencies reported in the 2018 Census of State and Local Law Enforcement Agencies.
Legal Sources
Standard of proof: In general, forfeiture requires a criminal conviction. However, civil forfeiture is available in racketeering cases, which are governed by a preponderance of the evidence standard.
N.C. Gen. Stat. §§ 75D-5, 90-112; State ex rel. Thornburg v. $52,029, 378 S.E.2d 1, 3–5 (N.C. 1989); State v. Johnson, 478 S.E.2d 16, 25 (N.C. Ct. App. 1996).
Innocent owner burden: Owner. In racketeering cases, the only context in which civil forfeiture is available, the owner bears the burden of proof.
N.C. Gen. Stat. § 75D-5(i); State ex rel. Thornburg v. 1907 N. Main St., 384 S.E.2d 585, 586–87 (N.C. Ct. App. 1989).
Financial incentive: No financial incentive. All forfeiture proceeds go to public schools.
N.C. Const. art. IX, § 7; State ex rel. Thornburg v. 532 B St., 432 S.E.2d 684, 686–87 (N.C. 1993).
Process: N.C. Gen. Stat. §§ 90-112 (criminal forfeiture—drugs), -112.1 (remission or mitigation); see also id. § 75D-5 (civil forfeiture—racketeering).