EXPUNCTIONS/BOATING VIOLATIONS.

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View NCGA Bill Details2015-2016 Session
House Bill 856 (Public) Filed Tuesday, April 14, 2015
AN ACT TO PROVIDE THAT A PERSON SHALL NOT BE DENIED AN EXPUNCTION SOLELY BECAUSE THE PERSON HAS A CONVICTION FOR A BOATING VIOLATION.
Intro. by Fisher.

Status: Re-ref Com On Finance (House Action) (Apr 22 2015)

Bill History:

H 856

Bill Summaries:

  • Summary date: Apr 22 2015 - View Summary

    House committee substitute makes the following changes to the 1st edition.

    Enacts new GS 15A-145.7 to provide that if a person is convicted of more than one youthful drug offense in the same session of court, then the convictions are to be treated as one youthful drug conviction and an expunction order under the statute must provide that the multiple convictions are to be expunged from the person's record. Defines a youthful drug offense as a conviction for any violation of GS 90-95(a)(3) (possession of a controlled substance) or GS 90-113.22 (possession of drug paraphernalia) where the defendant is less than 25 years old at the time of the offense. Allows a person to petition for expunction of up to two youthful drug offense convictions if the person has no misdemeanor or felony convictions, other than a traffic or boating violation, for at least 10 years before filing the petition, the person was convicted of an eligible youthful drug offense, and the person provides proof that the person is drug fee (as defined in the act) and has been so for at least one year. Prohibits filing a petition for expunction earlier than the later of (1) 10 years after the date of the conviction or (2) when any active sentence, period of probation, and post-release supervision has been served. Sets out the process for establishing that a person is drug free and has been so for one year. Specifies items that must be included in the expunction petition. Specifies service requirements and gives the district attorney 30 days to object to the petition. Specifies findings the court must make in order to grant the expunction and requires an order denying the petition to include a finding as to the reason for the denial. Sets out provisions concerning the effect of the expunction. Sets the expunction petition fee under this statute at $175 and requires $122.50 to be given to the Department of Public Safety for the costs of criminal record checks. The remaining money is to be used by the Administrative Office of the Courts to pay the costs of processing the petitions.


  • Summary date: Apr 15 2015 - View Summary

    Identical to S 570, filed 03/26/15.

    Amends various statutes in GS Chapter 15A, as the title indicates.