Bill Summaries: S626 (2015-2016 Session)

  • Summary date: Mar 30 2015 - View summary

    Amends GS 15A-145.5(c), concerning filing a petition for expunction, providing that a petition for expunction of a nonviolent felony will not be filed earlier than 10 years (was, 15 years) after the date of the conviction or the completion of any active sentence, period of probation, and post-release supervision, whichever occurs later. Further provides that a petition for expunction of a nonviolent misdemeanor cannot be filed earlier than five years after the date of a conviction or the completion of any active sentence, period of probation, and post-release supervision has been served, whichever occurs later.  Makes clarifying changes and conforming changes.

    Amends GS 15A-146, concerning expunctions of records when charges are dismissed or there is a finding of not guilty, deleting many requirements and procedures for applying for and receiving an expunction when charges are dropped or for a finding of not guilty. Section now provides that in such instances a person can apply to have any and all such changes expunged and the court will hold a hearing on the application and order the expunctions outright.

    Repeals GS 15A-145.5(a)(5), which provided that felony offenses in GS Chapter 90 involving methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine cannot be considered nonviolent felonies or misdemeanors.

    Amends GS 15A-145.2(c), concerning the expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses, adding language that provides that the provisions of GS 15A-145.2(c) apply retroactively.

    Amends GS 15A-173.2(a), concerning qualification for a certificate of relief providing that a person that is convicted of a criminal offense no higher than a Class G felony (was, had no more than two class G, H, or I felonies or misdemeanors in one session of court and no other other convictions for a felony or misdemeanor other than a traffic violation) can petition the court for a certificate of relief of collateral consequences. Effective October 1, 2015, applying to petitions filed on or after that date.

    Appropriates $250,000 from the General Fund to the Department of Justice for fiscal year 2015-16 to be used to assist with additional costs of criminal record checks. Effective July 1, 2015.

    Unless otherwise noted, effective December 1, 2015.