House committee substitute makes the following changes to 1st edition.
Amends proposed GS 15A-145.5, which provides for expunction of nonviolent misdemeanors or felonies, to require the petition for expunction to include an affidavit that the person filing the petition has been of good moral character since the date of the conviction for the nonviolent misdemeanor or felony (was, an affidavit that the petitioner has been of good behavior since the completion of any sentence received for the nonviolent misdemeanor or felony). Makes conforming changes inserting the good moral character standard and replacing the phrase completion of any sentence with the term conviction.
Amends the requirements for the content of the petition to include a search by the Department of Justice for any outstanding warrants on pending criminal cases.
Directs district attorneys to engage in their best efforts to contact and notify any victim of the expunction request before the date of the hearing of the petition. Directs the presiding judge to consider during the petition hearing, any other information the court deems relevant, including affidavits or other testimony from law enforcement officers, district attorneys, and victims of the crimes committed by the petitioner.
Expands the findings necessary for the court to grant the petition for expunction to include findings that the petitioner (1) has remained of good moral character and (2) has no outstanding warrants or pending criminal cases. Provides that if the court ascertains the specified findings, the court may (was, shall) grant the expunction and order the person restored in the eyes of the law to the person's former status. Directs the court to include in its order a finding as to the reason it denies a petition.
Requires any other state or local government agency to expunge its records upon receiving from the petitioner an expunction order entered under this section.