Bill Summaries: S411 (2015-2016 Session)

  • Summary date: Mar 24 2015 - View summary

    Enacts new GS 15A-146.1 concerning the expunction of records when charges for nonviolent crimes are dismissed or there are findings of not guilty, setting out two terms and definitions for the section, "crime" and "nonviolent misdemeanor or nonviolent felony." Provides that a person that has an expunction for a crime charged when the person was less than 26 years old that was dismissed or which a finding of not guilty was entered and who is charged with a subsequent crime that is dismissed or a finding of not guilty is entered can file a petition in the charging court for an order to expunge from all official records any entries relating to the person's apprehension or trial for the subsequent crime. Provides that such a petition to expunge for the subsequent crime cannot be filed earlier than five years after the date the order for the first expunction was entered. Sets out five items that must be contained in the petition, including an affidavit by the petitioner and a statement that the petition is a motion in the cause in the case wherein the petitioner was charged.

    Provides that after filing the petition, it will be served on the district attorney of the court where the charge for the subsequent crime was dismissed or not guilty entered. Provides a 30 day window for the district attorney to file any objections and requires notification as to when the hearing for the petition is scheduled. Allows the court to grant an additional 30 days to file objections to the petition upon a showing of good cause. Requires the district attorney to notify the victim, if any, of the motion for expunction. 

    Sets out seven findings that the court must establish after the hearing to grant the additional expunction, including that the petitioner has not previously been granted an expunction under this statute and they have no outstanding warrants or pending criminal cases. If the court denies the petition it must include findings as to the reason for the denial.

    Sets out specified provisions and requirements for individuals receiving an additional expunction, including certain protections from perjury charges and a requirement that persons disclose any and all charges if pursuing certification under GS Chapter 17C or Chapter 17E. Directs the court, state and local government agencies to expunge entries made as a result of the charges that were expunged. Requires the reversal of any administrative actions taken as a result of the charges that were expunged. Provides that the above provisions do not apply to the State DNA Database or Databank or to fingerprint records.

    Establishes a fee of $175 to file the petition for expunction of a criminal record under this statute.

    Effective December 1, 2015.