AMEND EXPUNCTION LAWS.

View NCGA Bill Details2013-2014 Session
Senate Bill 858 (Public) Filed Tuesday, May 27, 2014
AN ACT TO AMEND THE EXPUNCTION LAWS TO SHORTEN THE WAITING PERIOD REQUIRED TO OBTAIN SOME EXPUNCTIONS, TO MAKE SOME EXPUNCTIONS MORE AVAILABLE FOR CERTAIN PERSONS DEDICATED TO MOVING BEYOND THEIR CRIMINAL RECORDS, AND TO APPROPRIATE FUNDS TO THE DEPARTMENT OF JUSTICE TO ASSIST WITH THE ADDITIONAL COSTS OF CRIMINAL RECORD CHECKS.
Intro. by Robinson.

Status: Ref to Judiciary II. If fav, re-ref to Appropriations/Base Budget (Senate Action) (May 28 2014)
S 858

Bill Summaries:

  • Summary date: May 28 2014 - More information

    Identical to H 1222, filed 5/27/14.

    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, which ever 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 no more than two Class G, H, or I felonies or misdemeanors in one session of court and who has no other convictions for a felony (was, had no other convictions for a felony or misdemeanor other than a traffic violation) can petition the court for a certificate of relief of collateral consequences.

    Appropriates $250,000 from the General Fund to the Department of Justice for fiscal year 2014-15 to be used to assist with additional costs of criminal record checks. Effective July 1, 2014.

    Unless otherwise noted, effective December 1, 2014.


  • Summary date: May 27 2014 - More information

    To be summarized.


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