AMEND CERTIFICATES OF RELIEF (NEW).

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View NCGA Bill Details2017-2018 Session
House Bill 774 (Public) Filed Tuesday, April 11, 2017
AN ACT TO AMEND THE LAW REGARDING A CERTIFICATE OF RELIEF FOR CRIMINAL CONVICTIONS.
Intro. by Stevens, Clampitt.
Status: Ch. SL 2018-79 (House Action) (Jun 25 2018)

SOG comments (1):

Long title change

Submitted by wunsche@sog.unc.edu on

Senate committee substitute to the 1st edition changes the act's long title. The title was: AN ACT TO REQUIRE COUNTY DEPARTMENTS OF SOCIAL SERVICES TO FOLLOW THE PLACEMENTS AND REVIEW THE CASES OF JUVENILES IN THEIR CUSTODY.

Bill History:

H 774/S.L. 2018-79

Bill Summaries:

  • Bill H 774 (2017-2018)
    Summary date: Jun 26 2018 - View Summary

    AN ACT TO AMEND THE LAW REGARDING A CERTIFICATE OF RELIEF FOR CRIMINAL CONVICTIONS. Enacted June 25, 2018. Effective December 1, 2018.

    Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation), Criminal Law and Procedure
    GS 15A
  • Bill H 774 (2017-2018)
    Summary date: Jun 15 2018 - View Summary

    Senate amendment to the 3rd edition amends GS 15A-173.2, reducing number of Class H or I felonies one may have to petition for a Certificate of Relief to no more than three (was, five). 

    Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation), Criminal Law and Procedure
    GS 15A
  • Bill H 774 (2017-2018)
    Summary date: Jun 15 2018 - View Summary

    Senate committee substitute amends the 2nd edition by changing the effective date from when the act becomes law to December 1, 2018, and making the act apply to petitions filed on or after that date.

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure
    GS 15A
  • Bill H 774 (2017-2018)
    Summary date: Jun 13 2018 - View Summary

    Senate committee substitute replaces 1st edition with a new act TO AMEND THE LAW REGARDING A CERTIFICATE OF RELIEF FOR CRIMINAL CONVICTIONS. Amends GS 15A-173.2, increasing number of convictions a person may have when petitioning for a Certificate of Relief for criminal convictions from two to five. Removes option for those convicted of Class G felonies to seek relief. Removes restriction on number of misdemeanors a person may have when seeking relief. Requires that if a person has more than one Class H or I felony from the same session of court, then those convictions will be treated as one felony conviction for purposes of this statute. Requires that a Certificate of Relief is automatically revoked if an individual is convicted of a felony or misdemeanor other than a traffic violation. Requires a warning stating as such to be included on criminal judgment records. 

    Creates a $50 fee to file a petition for a Certificate of Relief, to be deposited into the General Fund, with an exception for indigent petitioners. Requires the fee to be waived on a showing that the petitioner already paid the fee in another county. Requires the Certificate of Relief holder to notify any employer, landlord, and other parties who relied on the Certificate if the holder has any subsequent conviction, or the Certificate is modified or revoked. 

    Amends GS 15A-173.4, discontinuing the benefits provided by a Certificate of Relief when the individual is subsequently convicted of a felony or misdemeanor other than a traffic violation. Allows a court to revoke a Certificate if it finds the petitioner made a material misrepresentation in obtaining it. 

    Amends GS 15A-173.5, barring any negligence action alleging lack of care due to engaging in activity with a Certificate holder if the defendant in the proceeding relied on the Certificate at the time of the alleged negligence. 

    Makes other clarifying changes. 

    Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation), Criminal Law and Procedure
    GS 15A
  • Bill H 774 (2017-2018)
    Summary date: Apr 11 2017 - View Summary

    Amends GS 7B-505 (Placement while in nonsecure custody) to add a new subsection providing that when a juvenile is in nonsecure custody with the department of social services pursuant to the statute, the department of social services is required to follow the placement and review the case of the juvenile in its custody throughout final disposition of the case or until permanency is achieved.

    Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Health and Human Services, Social Services, Child Welfare
    GS 7B
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