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.
Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 4 2019)
Bill S 614 (2019-2020)Summary date: Apr 8 2019 - View Summary