AMEND EXPUNCTION. (NEW)

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View NCGA Bill Details2023-2024 Session
Senate Bill 565 (Public) Filed Tuesday, April 4, 2023
AN ACT TO REVISE THE LAWS ON THE AVAILABILITY OF EXPUNGED RECORDS AND TO REPEAL THE AUTOMATIC EXPUNCTION OF DISMISSED CHARGES.
Intro. by Britt, Lazzara, Sawrey.
Status: Re-ref Com On Rules, Calendar, and Operations of the House (House action) (May 22 2024)

SOG comments (2):

Long title change

Submitted by jhenders@sog.unc.edu on

Committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO IMPROVE THE SECOND CHANCE ACT BY REVISING THE LAWS GOVERNING THE AUTOMATIC EXPUNCTION OF RECORDS AND THE AVAILABILITY OF EXPUNGED RECORDS.

Long title change

Submitted by jhenders@sog.unc.edu on

Committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO IMPROVE THE SECOND CHANCE ACT BY REVISING THE LAWS GOVERNING THE AUTOMATIC EXPUNCTION OF RECORDS AND THE AVAILABILITY OF EXPUNGED RECORDS AND TO ALLOW FOR EXPUNCTION OF THE OFFENSE OF BREAKING OR ENTERING OF A BUILDING WITH INTENT TO COMMIT A FELONY OR LARCENY AND AMEND THE CONDITIONS THAT RESULT IN A PETITION FOR EXPUNCTION BEING DENIED.

Bill History:

S 565

Bill Summaries:

  • Bill S 565 (2023-2024)
    Summary date: May 22 2024 - View Summary

    House committee substitute to the 2nd edition makes the following changes.

    Repeals GS 15A-146(a4) (expunction of certain charges where the adjudication is a dismissal without leave to refile, not guilty, or not responsible by operation of law occurring on or after December 1, 2021) and Sections 1 and 2 of SL 2022-47, as amended (pertaining to the timing of the automatic expunctions of those verdicts). Previous edition (1) amended section 1, subsection (b), of SL 2022-47, by extending the temporary automatic expunction pause to December 1, 2023 and (2) amended GS 15A-146(a4) to require that those automatic expunctions must occur within 180 days after final disposition. Makes conforming changes to GS 15A-146(c) (petitions for expungement) and GS 15A-150 (notification requirements upon the filing of an expungement petition).

    Amends GS 15A-151.5(b), to exempt criminal convictions expunged under GS 15A-145.9 (expunction of offenses committed by human trafficking victims) from being considered a prior conviction that could be used for certain purposes enumerated in the subsection. 

    Removes all amendments to GS 15-145.5, including changing the time periods for expunctions of up to three nonviolent felony convictions under new subsubsubsection GS 15-145.5(c)(2)(a1) (allowing certain persons to file an expungement petition 15 years after the date of conviction or after the date of the conviction or 15 years after any active sentence, period of probation, or post-release supervision related to the conviction listed in the petition has been served, whichever occurs later) and GS 15-145.5(c1) (removing references to specific waiting period years in the affidavit statement of good moral character and changing petition requirements for expunction of nonviolent misdemeanors).

    Specifies that any expungements granted under GS 15A-146(a4) prior to the effective dates of Sections 1 and 2 of SL 2022-47 remain valid. Requires that any records of dismissed charges, not guilty verdicts, or findings of not responsible maintained under Section 1 of SL 2022-47 cannot be expunged by operation of law and must be retained by the clerk of superior court unless otherwise expunged. 

    Makes organizational changes. Amends the act’s titles.

    Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation)
    GS 15A
  • Bill S 565 (2023-2024)
    Summary date: Apr 19 2023 - View Summary

    Senate committee substitute to the 1st edition makes the following changes. Amends GS 15A-151(a2) to also allow a court clerk to disclose the existence of an expunged record to the attorney representing the person on the expunction matter. Now authorizes disclosure to the office of the district attorney (was, to a district attorney or assistant district attorney).

    Amends GS 15A-145.5 (pertaining to expunction of certain misdemeanors and felonies) as follows. Removes the offense of breaking and entering buildings generally as an offense that is not considered a nonviolent misdemeanor or felony under the statute.

    Amends the time periods for expunctions of up to three nonviolent felony convictions as follows. Enacts new subsubsubsection GS 15-145.5(c)(2)(a1) that allows a person convicted of one nonviolent felony under GS 14-54(a) to file petition for expunction 15 years after the date of the conviction or 15 years after any active sentence, period of probation, or post-release supervision related to the conviction listed in the petition has been served, whichever occurs later. Makes conforming change to GS 15-145.5(c)(2)(a) to reflect new (a1). Amends GS 15-145.5(c1) to remove references to specific waiting period years in the affidavit statement of good moral character. Expands the scope of what the court must find in order to grant a petition for expunction of one or more nonviolent misdemeanors or one to three nonviolent felonies to include findings that (1) in addition to having no outstanding warrants or pending criminal cases, the petitioner is not under indictment, and no finding of probable cause exists against the petitioner for a felony, in any federal court or state court in the United States and (2) the petitioner is not free on bond or personal recognizance pending trial, appeal, or sentencing in any federal court or state court in the United States for a crime which would prohibit the person from having his or her petition for expunction under this section granted. Removes references to specific waiting period times in findings related to other felony or misdemeanor convictions required to grant petition for expunction and in findings related to completing the waiting period itself. Effective December 1, 2023, and applies to petitions filed on or after that date.

    Makes organizational changes and conforming changes to act’s effective date and long title.

    Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation)
    GS 15, GS 15A
  • Bill S 565 (2023-2024)
    Summary date: Apr 4 2023 - View Summary

    Amends GS 15A-146(a4) to require that the expungement by operation of law required by that subsection for charges that are dismissed or result in not guilty or not responsible findings after December 1, 2021, must occur no more than 180 days after the date of final disposition. 

    Creates new subsection (a1) in GS 15A-151, making expunged court records confidential files to be retained by superior court clerks under the applicable retention schedule. Creates new subsection (a2), requiring the Administrative Office of the Courts (AOC) to make all confidential records available electronically to clerks of superior court, and outlining that a clerk may only disclose the confidential records (1) to a person requesting that person’s own records, (2) to a district attorney or assistant district attorney, or (3) to the Office of the Appellate Defender if that office is appointed counsel for the person subject to the expunged record. 

    Repeals subdivisions (a)(1) through (9) of GS 15A-151.5, allowing the AOC to make electronically available all confidential files related to expunctions under GS 15A-151 to State prosecutors. Makes a corresponding change to subsection (b) allowing the use of expunged convictions granted on or after July 1, 2018, as prior convictions for certain purposes enumerated in the subsection.

    Amends section 1, subsection (b), of SL 2022-47, extending the temporary automatic expunction pause to December 1, 2023. Amends Section 2, subsection (c), by adding language to clarify that any expungement under the subsection is deemed to have occurred five business days after the date the individual expunction was carried out by the AOC. 

    Section 1 of the act amending GS 15A-146, GS 15A-151, and GS 15A-151.5 is effective December 1, 2023. 

     

    Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation)
    GS 15A
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