Q: I’ve been in prison for a long time. Is there any way to get my sentence reviewed?
A: Several states have passed “second look” laws that allow judges to review sentences after a defendant has served a specified portion of their sentence. These laws reflect a growing recognition that long sentences imposed decades ago may no longer serve their intended purpose.
What Second Look Laws Do
Second look laws typically allow a court to reduce a sentence if the defendant has served a substantial portion of their term (often 10, 15, or 20 years), has demonstrated rehabilitation, and no longer poses a risk to public safety. The idea is that people change over time, and a sentence that seemed appropriate at the time of imposition may be excessive in light of the defendant’s subsequent conduct and growth.
Is This Coming to North Carolina?
As of early 2026, North Carolina does not have a comprehensive second look law. However, the concept is being discussed in criminal justice circles, and the UNC School of Government’s criminal law blog has examined the issue. North Carolina does have limited mechanisms for sentence modification, including the Motion for Appropriate Relief (now subject to the new seven-year deadline) and executive clemency.
Federal Second Look
The federal system has compassionate release under 18 U.S.C. § 3582(c)(1)(A), which allows courts to reduce sentences for “extraordinary and compelling reasons.” Since the First Step Act of 2018, defendants can file these motions directly with the court after exhausting administrative remedies. The Sentencing Commission’s 2023 amendments broadened the definition of what qualifies as extraordinary and compelling.
What You Can Do Now
If you or a loved one is serving a lengthy sentence, consult with a criminal defense attorney about available options, including compassionate release, earned time credits under the First Step Act, and state-level post-conviction remedies.
Related Practice Areas
North Carolina Criminal Defense | Federal Sentencing | The Chetson Firm
This post is for informational purposes only and does not constitute legal advice. Contact The Chetson Firm at (919) 352-9411.