Enacts new GS 15A-145.5, to provide for the expunction of certain misdemeanors and felonies as the title indicates. Sets no age limitation on petitioning for an expunction under this proposed statute. Specifies list of offenses that are not included in the terms nonviolent misdemeanor or nonviolent felony for the purposes of this section (including specified sex related offenses, drug possession, and Class A through G felonies). Provides circumstances under which multiple nonviolent felonies or nonviolent misdemeanors are to be treated as one conviction for the purposes of this statute.
Describes the process and requirements for filing a petition for expunction. Requires that the petition be filed in the court where the petitioner was convicted. Prohibits filing the petition for expunction any earlier than 15 years after the date of conviction or when any active sentence, probation period, and post-release supervision has been served, whichever occurs later. Prescribes the content of the petition, which is to include certain affidavits, an application form approved by the Administrative Office of the Courts requesting and authorizing a criminal history record check, and a statement that the petition is a motion in the cause in the case in which the petitioner was convicted.
Requires service of the petition on the district attorney (DA) of the court where the conviction was obtained and permits the DA 30 days to file any objection to the petition and an additional 30 days upon a showing of good cause by the DA. Provides additional specifications regarding the hearing before the court and the entering of the court's findings. Provides the findings necessary for the court to grant the petition for expunction. Directs the court upon a finding that the petition should be granted to order the expunging of the conviction from the records of the court and to direct law enforcement agencies to also expunge the conviction from their records.
Requires a person filing a petition for expunction under this section to pay a filing fee of $175, except fee requirement does not apply to petitions filed by an indigent.
Amends GS 15A-145.4 regarding expunction of records for first time offenders under the age of 18 when they committed a nonviolent felony, to conform the meaning of the term nonviolent felony to the meaning as used in proposed GS 15A-145.5. Also makes some stylistic changes.
Repeals GS 15A-145(d1), which sets out the content of the petition for expunction now covered in proposed GS 15A-145.5.
Makes conforming changes to GS 15A-146, 15A-151(a), 17C-13(b), and 17E-12(b).
Effective December 1, 2012; however, petitions filed before December 1, 2012, are not abated by this act.