Bill Summaries: S455 (2017-2018 Session)

  • Summary date: Mar 28 2017 - View summary

    Amends GS 15A-173.2, allowing an individual who is convicted of criminal offenses no higher than a Class G felony to petition the court where the individual was convicted of the most serious offense for a Certificate of Relief relieving collateral consequences as permitted by Article 6 of GS Chapter 15A (currently, allows for petition only if an individual is convicted of no more than two Class G, H, or I felonies or misdemeanors in one session of court with no other convictions for a felony or misdemeanor other than a traffic violation). Directs the individual to petition the court of the most recent conviction if the individual has more than one conviction in the same class of offense as the most serious offense and the convictions are in more than one court.

    Subsection (b) sets forth six findings the court must make in order to issue a Certificate of Relief after reviewing the petition, the individual's criminal history, any information provided by a victim under GS 15A-173.6 or the district attorney, and any other relevant evidence. Amends the first required finding to now provide (1) if the individual has been convicted of five or fewer eligible offenses, 12 months must have passed since the individual has completed his or her sentence or (2) if the individual has been convicted of more than five eligible offenses, 36 months must have passed since the individual has completed his or her sentence. 

    Adds new subsection (h) to require a person who files a petition for a certificate of relief under this statute to pay a $50 fee to the clerk of superior court at the time the petition is filed. Directs that fees collected under new subsection (h) are to be deposited in the General Fund. Provides that new subsection (h) does not apply to a petition filed by an indigent. 

    Effective October 1, 2017, and applies to petitions for certificates of relief filed on or after that date.