NC Vehicle Seizure Petition for Release: Eligibility, Filing, and Pickup

To get a vehicle back after a North Carolina impaired-driving or felony speeding-to-elude seizure, you file a petition with the clerk of superior court in the county where the charges are pending and ask the court to sign a release order on Form AOC-CR-323A. That NC vehicle seizure release form is what the towing company or storage lot needs before it can hand the vehicle over. Without a signed order, the facility has no authority to release it, and daily storage charges keep adding up.

Why the Vehicle Is Being Held

North Carolina officers are required to seize a vehicle when the driver is charged with impaired driving and the driver’s license was already revoked because of a prior impaired driving offense. The same rule applies to a charge of felony speeding to elude arrest.¹ The vehicle stays in custody while the criminal case is pending, and a conviction can lead to permanent forfeiture, with the vehicle sold at auction or kept by the county board of education.² That forfeiture risk is why the pretrial release process matters, especially if you own the vehicle but were not the person driving.

The release process below applies to seizures under G.S. 20-28.3. If the vehicle was towed for some other reason, such as an unrelated parking or abandonment issue, this form is not the right path.

Who Can Ask for the Vehicle to Be Released

Three groups can petition for pretrial release, and the procedure differs for each.

A Nondefendant Owner

If the vehicle is titled to you but someone else was driving when it was seized, you apply to the clerk of superior court in the county where charges are pending. The clerk can grant release after you meet the statutory conditions, but the vehicle must have been in custody for at least 24 hours before the clerk can sign the order.¹

An Innocent Owner

A nondefendant owner who did not know the driver’s license was revoked can ask the clerk for an “innocent owner” determination. This is a separate track. If the clerk finds you are an innocent owner, the vehicle is released under the conditions in G.S. 20-28.2(e), without the bond and acknowledgment requirements that apply to the standard nondefendant release. If the clerk denies the claim, the issue can be raised again at the forfeiture hearing later in the case.¹

A Lienholder

A bank or other lienholder can file its own petition. This path is more formal. The lienholder must serve the petition on the registered owner, the titled owner, the district attorney, and the county board of education attorney, and give all parties at least 10 days’ notice of the hearing. A judge, not the clerk alone, decides whether to release the vehicle to the lienholder.¹

What You Have to Satisfy Before the Clerk Signs

For a nondefendant owner on the standard track, the statute sets out several conditions. All of them have to be met before the clerk will sign the AOC-CR-323A:¹

The vehicle has been impounded for at least 24 hours.
You post a bond equal to the vehicle’s fair market value as defined in G.S. 20-28.2. The bond can be secured by a cash deposit, a recorded deed of trust on real property, a bail bond, or at least one solvent surety. It is payable to the county school fund and guarantees you will return the vehicle in substantially the same condition for any forfeiture hearing.
You sign a written acknowledgment tied to the underlying offense: an impaired driving acknowledgment for a DWI seizure, or a speeding-to-elude acknowledgment for a felony elude seizure.
A DMV records check shows you have not previously signed an acknowledgment naming the same driver as the operator.
All towing and storage charges accrued during impoundment are paid.

The bond is the biggest financial hurdle. If the vehicle’s fair market value is $12,000, you need $12,000 in cash, a deed of trust on property worth at least that amount, or a bail bond in that amount. Ask the clerk’s office how they handle each form of security, because counties vary in practice.

Information and Documents to Bring

The court fills in the legal findings on the AOC-CR-323A and signs it, but you supply the underlying information in your petition. Gather these before you go to the courthouse:

Year, make, model, VIN, and license plate number as they appear on the title or registration.
Your full legal name, address, and relationship to the vehicle (titled owner, registered owner, or lienholder).
The name of the person who was driving when the vehicle was seized, plus the criminal case file number if you have it.
The name and address of the towing company or storage facility holding the vehicle.
A current insurance card or declarations page showing the vehicle is covered.
Your valid driver’s license.
Bond funds or arrangement in the amount of the vehicle’s fair market value.

The AOC-CR-323A works alongside Form AOC-CR-323, which is the officer’s affidavit and magistrate’s order created at the time of seizure. Both are on the North Carolina Judicial Branch website.³ Check the file number and vehicle details on the AOC-CR-323 so your petition matches.

Filing the Petition and Getting the Order Signed

File your petition and supporting documents with the clerk of superior court in the county where the criminal charges are pending. For a nondefendant owner or innocent owner claim, the clerk has authority to review and sign the release order. For a lienholder petition, schedule a hearing through the clerk’s office and give all parties the required 10 days’ notice.¹

Once the clerk or judge is satisfied the conditions are met, they sign the AOC-CR-323A. Copies also go to the district attorney and the attorney for the county board of education. Get a certified copy of the signed order before you leave the courthouse. The storage lot will want to see it.

If you cannot afford the court costs to file, North Carolina lets individuals petition to proceed as an indigent on Form AOC-G-106.⁴ That filing can cover court costs. It does not waive the bond or the towing and storage fees, which are owed to private parties.

Picking Up the Vehicle From the Lot

Take the certified copy of the signed AOC-CR-323A to the storage facility or towing company named on the order. The facility must honor the court’s order, but it will not release the vehicle until you pay every towing and storage charge that has accrued. Rates vary by company. Expect towing charges roughly in the range of $150 to $350 and daily storage roughly in the range of $20 to $50, depending on the facility and the size of the vehicle. Every extra day on the lot adds to the total, so plan to pick up the vehicle the same day the order is signed.

Bring your driver’s license, proof of insurance, and the certified court order. Some facilities take only cash or certified funds for impound releases. Call ahead to confirm payment methods and business hours. Arriving after the lot has closed means another day of storage fees.

What Happens When the Criminal Case Ends

If the charges are dismissed or the defendant is acquitted, the legal basis for holding the vehicle is gone. You still need a signed release order to actually get the vehicle off the lot, and you still owe whatever towing and storage fees accumulated during impoundment. If you posted a bond for pretrial release, the bond should be returned once the case concludes without a forfeiture order.¹

A conviction opens the door to permanent forfeiture. The judge weighs the evidence and decides whether the vehicle is forfeited; conviction alone does not automatically forfeit it. If forfeiture is ordered, the vehicle is sold at public auction or kept by the county board of education, with any proceeds going to that board. If a lienholder has an outstanding balance, the judge may order the vehicle released to the lienholder instead of sold. An innocent owner who did not know the driver’s license was revoked can contest forfeiture at the hearing even without having obtained pretrial release earlier.²

1
North Carolina General Assembly. North Carolina Code 20-28.3 – Seizure, Impoundment, Forfeiture of Motor Vehicles for Impaired Driving Offenses
2
North Carolina General Assembly. North Carolina Code 20-28.2 – Forfeiture of Motor Vehicle for Impaired Driving After Impaired Driving License Revocation
3
North Carolina Judicial Branch. Officer’s Affidavit For Seizure And Impoundment And Magistrate’s Order – Impaired Driving
4
North Carolina Judicial Branch. Petition To Proceed As An Indigent