Enacts new GS 15A-145.6, Expunction of drug offenses. Defines (1) cleanas meaning free from drug addiction and any unlawful use of controlled substances and (2) drug offenseas a conviction of any violation of GS 90-95(a) through GS 90-95(g), but excluding any conviction for a violation of GS 90-95(h).
Provides for treating convictions for multiple drug offenses under this proposed statute as one drug offense and that an expunction order issued under this section applies to the multiple drug offense convictions. Does not require that the convictions have occurred in the same session of court.
Provides criteria for petitioning for the expunction of a drug offense from the person's criminal record, including conditions to be met (including being clean for at least one year before petitioning), timing for filing the petition (15 years after specified events), and the content of the petition for expunction.
Requires that the petition be served on the district attorney of the court where the case resulting in conviction was tried. Provides criteria for the filing of an objection to the petition by the district attorney, the role of the court in the proceedings,and what evidence must be reviewed by the court in making its decision. Enumerates findings necessary for the court to order the petitioner to be restored, in the eyes of the law, to the status the person occupied before the conviction. Directs the court to include a finding as to the reason for a denial of a petition.
Prohibits charging a person who has received an expunction order under subsection (e) of this statute with perjury or otherwise making a false statement for failure to recite oracknowledge the arrest, indictment, trial, or conviction. However, persons seeking certification under GS Chapter 17C or 17E are required to disclose any and all convictions to the certifying commission, regardless of whether or not the convictions were expunged under this statute.
Provides, in subsection (h) of proposed GS 15A-145.6, additional requirements regarding the expunging of a conviction from court and law enforcement recordsand any other applicable state or local government agency records. Requires the reversal of any administrative actions taken against a person whose record is expunged. However, this subsection does not apply to the Department of Justice for DNA records and samples stored in the state DNA Database and the state DNA Databank or to fingerprint records.
Sets a filing fee for an expunction of a criminal record under this statute at $175 paid to the clerk of superior court. Collected fees are to be deposited in the General Fund and this subsection does not apply to indigent persons who file a petition.
Amends the meaning of nonviolent misdemeanoror nonviolent felonyas used in GS 15A-145.5(a)(5) to delete language that excluded the terms from referring to any felony offense in GS Chapter 90 involving methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine.
Makes conforming changes toGS 15A-151(a), GS 17C-13(b), and GS 17E-12(b).
Effective December 1, 2013.
Bill H 207 (2013-2014)Summary date: Mar 4 2013 - View summary