Adds new Article 6 to GS Chapter 15A, Certification of Restoration of Rights, as the title indicates. Permits an individual meeting the following conditions to petition the court where the individual was convicted for a Certificate of Restoration of Rights (Certificate) that relieves collateral sanctions as permitted by this proposed Article; the individual must: (1) have no other record of a criminal conviction; (2) have been convicted of no more than two charges in one session of court; and (3) not have a conviction higher than a Class G felony. Authorizes the Chief Judge in each district to delegate the authority to issue, modify, or revoke Certificates of Restoration of Rights to judges, clerks, or magistrates in that district. Requires the person petitioning for the Certificate to establish specified factors by a preponderance of the evidence and requires the court to additionally review the petition, the individual’s criminal history, any filing by a victim under GS 15A-173.6 or the appropriate district attorney’s office, and any other relevant evidence.
Requires the Certificate to specify any restrictions imposed on the petitioner and collateral sanctions from which relief has not been granted. Provides criteria under which an issued Certificate may be revoked. Requires that the denial of a petition is to state the reasons for the denial and provides the individual the right to file a subsequent petition 12 months from the date of the denial in which the petitioner must demonstrate that the petitioner has remedied the defects in the previous petition in order to have the petition granted.
Enumerates collateral sanctions that cannot be relieved by the issuance of a Certificate of Restoration of Rights, which include (1) requirements imposed by Article 27A (Sex Offender and Public Protection Registration Programs) of GS Chapter 14, (2) a motor vehicle license suspension, revocation, limitation, or ineligibility imposed under GS Chapter 20; and (3) ineligibility for employment in certain law enforcement, corrections, or prosecutorial jobs because of a sanction imposed by a statute or session law of North Carolina.
Provides criteria regarding the issuance, modification, and revocation of a Certificate. Requires the court to notify the district attorney’s office that prosecuted the case giving rise to the collateral consequences for which relief is sought. Allows the court to issue a Certificate subject to restrictions, conditions, or added requirements. Provides that the issuance, modification, and revocation of Certificates are a public record.
Provides that in a judicial or administrative proceeding alleging negligence, a Certificate is a bar to any action alleging lack of due care in transacting business or engaging in activity with the individual to whom the Certificate was issued, if the person attempting to allege lack of due care knew of the Certificate at the time of the alleged negligence.
Provides that the victim of the underlying offense for which the Certificate is sought may participate in the proceeding for issuance, modification, or revocation of the Certificate. Directs the Victim Witness Coordinator in the office of original prosecution to provide notification to the victim.
Provides definitions as they apply in this proposed Article.
Effective December 1, 2011.