Bill Summary for H 284 (2019-2020)

Summary date: 

Mar 6 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 284 (Public) Filed Wednesday, March 6, 2019
AN ACT TO MODIFY THE AMOUNT OF TIME A PERSON MUST WAIT BEFORE FILING A PETITION FOR EXPUNCTION OF A NONVIOLENT MISDEMEANOR OR FELONY, AND TO ALLOW THE EXPUNCTION OF A VIOLENT MISDEMEANOR OR FELONY.
Intro. by Alexander, Hunter, Harrison, Logan.

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Bill summary

Amends GS 15A-145.5, which provides for the expunction of nonviolent misdemeanors and felonies. The statute defines nonviolent misdemeanor and nonviolent felony to mean any misdemeanor or felony except 11 specified offenses.  

Amends the provisions for the expunction of a nonviolent misdemeanor or nonviolent felony conviction, reducing the waiting period to file the petition to the later of five years after the date of the conviction (was, 10 years after the date of the nonviolent felony conviction and five years after a nonviolent misdemeanor conviction) or when any active sentence, period of probation, and post-release supervision has been served.

Modifies the statute to now provide for the expunction of a violent misdemeanor or violent felony conviction as well, permitting filing of the petition at the later of eight years after the date of the conviction or when any active sentence, period of probation, and post-release supervision has been served. Defines violent felony and violent misdemeanor to mean any misdemeanor or felony not covered by the statute's definition given to nonviolent misdemeanor or nonviolent felony. 

Expands the petition criteria to apply to petitions for violent misdemeanor or violent felony convictions. 

Adds new provisions for the treatment of multiple violent felony or violent misdemeanor convictions, and multiple violent and nonviolent felonies or misdemeanors, in the same session of court.

Makes conforming and clarifying changes regarding the required findings before entry of an expunction order.

Makes conforming changes to GS 15A-151.5, regarding prosecutor access to expunged files.

Applies to petitions filed on or after December 1, 2019.

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