When a person who put up bail for a traffic ticket fails to appear and the court orders the bail forfeited, does the clerk of court have to report the forfeiture to DMV as a conviction, and does the answer depend on what kind of bond was posted?

Plain-English summary

David Brantley, an unidentified clerk-of-court or court administrator, asked the AG how to handle a routine but ambiguous reporting question. The NC General Statutes have several intertwined provisions about what the court reports to DMV when a defendant fails to appear in traffic court. NCGS 20-24.2(a) requires the court to report failure-to-appear. NCGS 20-24.2(b) makes an exception for cases where the court has entered an order of cash bond forfeiture. NCGS 20-4.01(4a) defines "conviction" to include "[a]n unvacated forfeiture of cash in the full amount of a bond." NCGS 20-24(b) requires clerks to report convictions to DMV.

The question is what kinds of bond forfeitures count as "convictions." Specifically, what happens when the defendant posts a surety bond or a mortgage bond rather than a cash bond, fails to appear, and the court orders the bond forfeited? Does that count as a conviction for DMV reporting?

Senior Deputy AG Reginald Watkins and Assistant AG Bryan Beatty, for AG Easley, gave a textually anchored answer: no. Only cash bond forfeitures count.

The reasoning relies on the careful drafting of NCGS 20-4.01(4a). The legislature could have written the definition to capture all bond forfeitures using a generic term like "appearance bond" or "bail bond." Instead it used the specific term "forfeiture of cash in the full amount of a bond." Under standard statutory construction rules (HCA Crossroads Residential Centers, Porsh Builders), every word of a statute must be given meaning. The specificity of "cash" must therefore exclude non-cash bond forfeitures.

NCGS 15A-531(1) gives further textual support by recognizing four types of bail bonds:
- Unsecured appearance bond,
- Appearance bond secured by a cash deposit,
- Appearance bond secured by a mortgage (NCGS 109-25),
- Appearance bond secured by at least one solvent surety.

Only the cash-secured bond triggers the "conviction" reporting requirement. Surety and mortgage bonds, if forfeited, do not.

The practical consequence: a defendant who posts a cash bond and skips court for a traffic offense gets a DMV conviction on his record (with all the licensing consequences). A defendant who posts a surety or mortgage bond and skips court does not get a conviction reported; instead, the court reports a failure-to-appear under NCGS 20-24.2(a), and DMV revokes the license until the defendant appears. The conviction route is more permanent (it sticks like any other conviction). The FTA route is reversible (defendant can come back and clear it).

The opinion also resolves a related question: should the clerk report all bond forfeitures in DWI cases as convictions? Answer: only if the forfeiture is of a defendant's cash bond. The legislature's specific use of "forfeiture of cash" in 20-4.01(4a) controls.

Currency note

This opinion was issued in 1994. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here. The bail bond and traffic conviction reporting statutes in NCGS Chapters 20 and 15A have been amended multiple times since 1994, including significant changes to DWI bail procedures and DMV reporting in the late 1990s and 2000s. Anyone working with a current traffic court FTA or bond forfeiture should consult the current statutes.

Background and statutory framework

The NC General Statutes built up the traffic court reporting framework piece by piece. NCGS 20-24 requires clerks of court to send DMV a record of convictions of motor vehicle offenses. NCGS 20-24.2 imposes a separate reporting duty: when a defendant fails to appear or pay a fine within 20 days, the court reports that fact, and DMV revokes the license under NCGS 20-24.1.

The two reporting tracks overlap in cases where the defendant has posted bail and failed to appear. If the court forfeits the bail, has there been a conviction (NCGS 20-24 territory) or just a failure to appear (NCGS 20-24.2 territory)? The legislature drew the line at cash bonds:

• Cash bond forfeiture = conviction under NCGS 20-4.01(4a) = report under NCGS 20-24
• Other bond forfeiture = no conviction = report under NCGS 20-24.2(a) as FTA

NCGS 20-24.2(b) makes the relationship explicit: the FTA reporting requirement does not apply to cases where the court has ordered cash bond forfeiture and reported it under NCGS 20-24. Cash forfeitures go through the conviction track; other forfeitures (or no forfeiture at all) go through the FTA track.

The reason for the cash-bond distinction is buried in the policy of bail. A defendant who posts cash is treated as having functionally paid the maximum penalty. Forfeiting that cash is functionally equivalent to a guilty plea on the charge: defendant gave up the money, defendant accepts the consequences. So the legislature treats it as a conviction.

A defendant who posts surety or mortgage bail has not put his own money at risk. The surety company or mortgagor is on the hook. If the defendant fails to appear, the surety pays. Treating that as a defendant conviction would be unfair: the surety's payment does not establish defendant's guilt. The FTA track is more appropriate; the defendant remains in unresolved status until he appears and clears the matter.

The statutory construction canons the opinion cites are standard:
- HCA Crossroads Residential Centers: "A statute must be construed, if possible, to give meaning and effect to all its provisions."
- Porsh Builders: "A statute must be considered as a whole and construed, if possible, so that none of its provisions shall be rendered useless or redundant."

Both support the result. If "forfeiture of cash" were read to include all forfeitures, the word "cash" would be surplusage. The legislature must have intended the cash limitation. The opinion gives that limitation full effect.

Common questions

What if the defendant gave money to a bondsman who then deposited it as a "cash" bond?

The opinion does not directly address that. The defining feature is whether cash was deposited with the court in the full amount of the bond. The source of the cash (defendant's own pocket vs. defendant gave money to a third party who deposited it) probably does not matter; what matters is whether the bond was secured by cash at the time of posting. If a bondsman deposits cash on the defendant's behalf, the bond is a cash bond. If the bondsman writes a surety bond instead, the bond is a surety bond.

Why does the conviction route matter to defendants?

A conviction on the DMV record has long-term consequences: insurance rates, license points, possible suspension, and visibility on background checks. A failure-to-appear that is later cleared has lighter consequences (license revoked until cleared, then restored without a permanent conviction record). Defendants who pay cash and walk away from a traffic ticket effectively accept the full conviction. Defendants who use a bondsman or mortgage may still face consequences but have more flexibility to come back and resolve the matter.

Does this affect the bond forfeiture as a financial matter?

No. Whether the forfeiture is "cash" or "surety" for DMV reporting purposes does not change the underlying obligation. A cash forfeiture results in the cash being kept by the court; a surety forfeiture results in the surety being liable to pay. The defendant's relationship to that financial obligation is the same regardless. The 1994 opinion is solely about whether the forfeiture also generates a DMV conviction entry.

Could a defendant choose to post a non-cash bond specifically to avoid the conviction reporting?

Yes, theoretically, and the opinion's reasoning supports that strategic choice. If the defendant wants to be able to walk away from a traffic case without triggering a conviction entry, posting surety bond rather than cash is the way to do it (and then failing to appear if he does not want to fight the charge). Of course, a failure-to-appear with surety bond still results in license revocation and the surety still owes the bail amount, so the practical incentives are not always toward this strategy.

Does this apply to non-traffic criminal charges?

The opinion's reasoning is anchored to NCGS 20-4.01(4a), which is the definition of "conviction" in Chapter 20 (Motor Vehicles). The definition is specific to motor vehicle offenses and the DMV reporting framework. For non-traffic criminal charges, bond forfeiture is governed by different rules and does not have the same DMV-reporting consequence. The 1994 opinion's holding is limited to motor vehicle offenses.

Source

• Landing page: https://ncdoj.gov/opinions/forfeiture-of-cash-bond-clerk-of-court-to-report-convictions-to-division-of-motor-vehicles/

Citations

• N.C. Gen. Stat. §§ 20-4.01(4a), 20-24, 20-24.1, 20-24.2
• N.C. Gen. Stat. §§ 15A-531(1), 15A-534(a)(4)
• N.C. Gen. Stat. § 7A-146
• N.C. Gen. Stat. § 109-25
• N.C. Gen. Stat. § 58-74-5
• HCA Crossroads Residential Centers, Inc. v. N.C. Dep't of Human Resources, 327 N.C. 573, 398 S.E.2d 466 (1990)
• Porsh Builders, Inc. v. City of Winston-Salem, 302 N.C. 550, 276 S.E.2d 443 (1981)

Original opinion text

The NCDOJ-published version begins with the statutory excerpt from NCGS 20-24.2 and proceeds with the analysis. Date, addressee, and salutation are not in the public landing-page version.

• (a) The court must report to the Division the name of any person charged with a motor vehicle offense under this Chapter who:
• (1) Fails to appear to answer the charge as scheduled, unless within 20 days after the scheduled appearance, he either appears in court to answer the charge or disposes of the charge pursuant to N.C.G.S. § 7A-146; or
• (2) Fails to pay a fine, penalty, or costs within 20 days of the date specified in the court's judgment.
• (b) The reporting requirement of this section and the revocation mandated by N.C.G.S. § 20-24.1 do not apply to offenses in which an order of forfeiture of a cash bond is entered and reported to the Division pursuant to N.C.G.S. § 20-24. If an order is sent to the Division by the clerk through clerical mistake or other inadvertence, the clerk's office that sent the report of noncompliance must withdraw the report and send notice to the Division which shall correct its records accordingly.

N.C.G.S. § 20-24.2 (1993) (Underlining added).

The term "cash bond" is not specifically defined in Chapter 20 or elsewhere in the General Statutes. The term "cash bail" is defined in Black's Law Dictionary as the "[s]um of money posted by a criminal defendant to insure his presence in court; used in place of surety bond and real estate." Black's Law Dictionary 196 (5th Ed. 1979). This definition clearly distinguishes cash bond from other types of bond.

The laws governing bail procedures in this state also provide some guidance in determining whether the term "cash bond" should be distinguished from other types of bond.

N.C.G.S. § 15A-531(1) defines "bail bond" as: An undertaking by the principal to appear in court as required upon penalty of forfeiting bail to the State of North Carolina in a stated amount. Bail bonds include an unsecured appearance bond, an appearance bond secured by a cash deposit of the full amount of the bond, an appearance bond secured by a mortgage pursuant to N.C.G.S. § 109-25, and an appearance bond secured by at least one solvent surety.

N.C.G.S. § 15A-531(1) (1993).

In addition, N.C.G.S. § 15A-534, which establishes the procedure for determining conditions on pretrial release, provides that as a condition of pretrial release a judicial official may:

[r]equire the execution of an appearance bond in a specified amount secured by a cash deposit of the full amount of the bond, by a mortgage pursuant to N.C.G.S. § 58-74-5, or by at least one solvent surety.

N.C.G.S. § 15A-534(a)(4) (1993). The language of these two statutes in Chapter 15A indicates that the legislature recognizes various types of bail bonds or appearance bonds. The three types of secured appearance bonds recognized by the legislature are: (1) cash bond; (2) mortgage bond; and (3) surety bond.

N.C.G.S. § 20-24.2(b) specifically refers to "cash bond" rather than the general terms "bail bond" or "appearance bond." A statute "must be construed, if possible, to give meaning and effect to all its provisions." HCA Crossroads Residential Centers, Inc. v. N.C. Dep't. of Human Resources, 327 N.C. 573, 578, 398 S.E.2d 466, 470 (1990). Also,

[i]t is well established that a statute must be considered as a whole and construed, if possible, so that none of its provisions shall be rendered useless or redundant. It is presumed that the legislature intended each portion to be given full effect and did not intend any provision to be mere surplusage.

Porsh Builders, Inc. v. City of Winston-Salem, 302 N.C. 550, 556, 276 S.E.2d 443, 447 (1981).

Applying these rules of statutory construction, it must be presumed that by using the specific term "cash bond" the legislature intended to distinguish that type of bond from the other types of "bail" or "appearance bonds." Therefore, cash bond as used in N.C.G.S. § 20-24.2(b) refers only to cash deposited by the defendant or another person on defendant's behalf in the full amount of the bond. Cash bond does not include surety or mortgage bonds, even though the court may ultimately order that the full amount of the bail be forfeited by the surety or mortgagor.

You also requested an advisory opinion on a related question:

Should the clerk of court report all bond forfeitures in DWI cases as convictions?

N.C.G.S. § 20-24(b) requires the clerk of court to send the Division of Motor Vehicles a record of conviction of a violation of a law regulating the operation of a vehicle. For the purposes of Chapter 20 of the General Statutes, the definition of "conviction" includes "[a]n unvacated forfeiture of cash in the full amount of a bond required by Article 26 of Chapter 15A of the General Statutes." N.C.G.S. § 20-4.01(4a)a.3. (1993) (Underlining added).

Again, the legislature specifically refers to a "forfeiture of cash" bonds. If the legislature had intended to include all forfeitures of bail bonds in the definition of conviction under N.C.G.S. § 20-4.01(4a), it presumably would have used the term "forfeiture of bail" rather than "forfeiture of cash" in the full amount of a bond. Therefore, for the purpose of reporting convictions to the Division of Motor Vehicles pursuant to N.C.G.S. § 20-24(b), the clerk of court should report only a forfeiture of bond that was deposited with the court in cash by the defendant or another person on defendant's behalf in the full amount ordered by the court.

The distinction between cash bonds and other types of bonds is particularly significant because of the different consequences for a person who fails to appear in court where his appearance was secured by a cash bond as compared to any other type of bond. If a person who posted a cash bond fails to appear in court for a motor vehicle offense and the court orders a forfeiture of the cash bond, the clerk of court must report to the Division of Motor Vehicles that the person was convicted of the offense pursuant to N.C.G.S. §§ 20-24.2(b) and 20-24. The conviction is entered on the person's driving record by the Division and has the same effect for driver license purposes as any other conviction for that offense. If a person fails to appear in court for a motor vehicle offense where his appearance was secured by some type of bond other than a cash bond, the clerk of court must report the person to the Division for his failure to appear pursuant to N.C.G.S. § 20-24.2(a). The Division enters the person's failure to appear for the offense on his driving record and revokes the person's driving privilege until the court notifies the Division that the person has appeared and complied with the orders of the court.

Reginald L. Watkins
Senior Deputy Attorney General

Bryan E. Beatty
Assistant Attorney General