Amends GS Chapter 15A, Article 5 (expunction of records) by enacting new GS 15A-145.8 allowing expunction of records for offenders between the age of 16 and 18 at the time of conviction of certain misdemeanors and Class H and I felonies. Describes procedure for filing a petition for expunction after completion of sentence, period of probation, and payment of any restitution ordered. Requires a court, after a hearing and upon finding certain facts, to restore the petitioner to their pre-conviction status. Allows for expunction of multiple convictions. Excludes expunction eligibility for impaired driving offenses as well as any offenses requiring sex offender registration. Describes effect of expungement as allowing a successful petitioner to not be held liable for perjury or giving a false statement for failing to recite or acknowledge the existence of the related arrest, indictment, or trial. Requires a court to order expunction from law enforcement and state agencies identified by the petitioner as having a record of the conviction(s). Prohibits collection of a fee for the filing of a petition under this section and precludes a petitioner from having to pay costs of expunction. Effective December 1, 2019, and applies to offenses committed between July 1, 2017, and November 30, 2019.
Amends GS 15A-151.5 (prosecutor access to expunged files), subsection (a), by adding new subdivision (7a) listing expunction of records pursuant to GS 15A-145.8 in the list of expunction statutes under which the Administrative Office of the Courts must maintain files for prosecutor access. Effective December 1, 2019.
EXPUNCTIONS RELATED TO RAISE THE AGE.
|View NCGA Bill Details||2019-2020 Session|
AN ACT TO PROVIDE FOR THE EXPUNCTION OF CERTAIN OFFENSES COMMITTED BETWEEN THE ENACTMENT DATE AND THE EFFECTIVE DATE OF THE LEGISLATION KNOWN AS RAISE THE AGE.Intro. by Nickel, McKissick, Britt.
Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 4 2019)
Wed, 3 Apr 2019 Senate: Filed
Thu, 4 Apr 2019 Senate: Passed 1st Reading
Thu, 4 Apr 2019 Senate: Ref To Com On Rules and Operations of the Senate
Bill S 614 (2019-2020)Summary date: Apr 8 2019 - View Summary