Adds new section GS 15A-145.4 providing that a person convicted of a nonviolent felony may petition the court to have the conviction expunged from his or her criminal record, provided that the person was under 18 years old when the offense occurred and he or she has not previously been convicted of any felony or misdemeanor other than a traffic violation. Defines a nonviolent felony as any felony except Class A through Class G felonies; felony assaults; sex crimes; certain drug felonies involving methamphetamines, heroin, or cocaine; certain hate crimes; and contaminating food or drink under GS 14-401.16. Provides that multiple nonviolent felony convictions shall be treated as one nonviolent felony conviction for the purposes of the nonviolent felony expunction law if the convictions were entered in the same session of court and all occurred before the person had been charged and arrested for the commission of a nonviolent felony. States that the petition may be filed four years after the date of conviction or upon completion of any active sentence, period of probation, and post-release supervision, whichever occurs later.
Requires that the petition include affidavits stating that the petitioner has been of good moral character and reputation in the community, that the offender has not been convicted of any subsequent crime other than a traffic violation, that no restitution orders or civil judgments are outstanding against the petitioner, that the petitioner has performed at least 100 hours of community service, and that the petitioner has a high school diploma or its equivalent. Further requires the petitioner to authorize certain criminal background and record checks, which must be completed by the Department of Justice and the Administrative Office of the Courts and reported to the court. Mandates that the petition and notice of the hearing of the petition be served upon the district attorney, who shall have 30 days to file any objection to it and who shall attempt to notify the victim of the petitioner’s crime, if any, of the petition.
Provides that the court may, after ordering an investigation by a probation officer and reviewing the petitioner’s juvenile record, record of restitution payment, and any other relevant information, order that the nonviolent felony be expunged from court and law enforcement records if the court makes specified findings related to the petitioner’s character, criminal record, pending charges, compliance with restitution orders, age, community service completion, and lack of prior expunctions. Requires other government agencies to expunge record entries made as a result of the expunged conviction and to reverse any administrative actions taken against the petitioner as a result of the charges or convictions expunged.
Directs probation officers or, in cases in which no probation officer is assigned, the court to notify defendants about the availability of an expunction for a nonviolent felony.
Grants access to the confidential file of expunction recipients maintained by the Administrative Office of the Courts to state and local law enforcement agencies, the Criminal Justice Education and Training Standards Commission, and the Sheriffs’ Education and Training Standards Commission, for employment or certification purposes only, and allows each commission to deny, suspend, or revoke a person’s certification based on the conviction, regardless of the expunction.
Effective December 1, 2011.