On January 12, 2007, Nifong asked to be taken off the case and on January 13, 2007, Attorney General Roy Cooper's office took over. On April 12, 2007, the attorney general, in declaring Evans, Finnerty, and Seligmann innocent, also called Nifong a "rogue prosecutor". Nifong was ordered disbarred on June 16, 2007 after the bar's three-member disciplinary panel unanimously found him guilty of fraud, dishonesty, deceit or misrepresentation; of making false statements of material fact before a judge; of making false statements of material fact before bar investigators, and of lying about withholding exculpatory DNA evidence.
On August 31, 2007, Nifong was convicted of criminal contempt for knowingly making false statements during the criminal proceedings. Superior Court Judge W. Osmond Smith III sentenced Nifong to a single day in jail.