Bill Summary for H 607 (2021)

Summary date: 

Jun 1 2022

Bill Information:

View NCGA Bill Details2021
House Bill 607 (Public) Filed Tuesday, April 20, 2021
AN ACT TO MAKE VARIOUS CHANGES AFFECTING THE NORTH CAROLINA COURT SYSTEM.
Intro. by McNeill, C. Smith, Greene, Miller.

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Bill summary

Senate committee substitute replaces the content of the 3rd edition with the following.

Temporarily suspends expunction of dismissed charges, not guilty verdicts, and findings of not responsible executed by operation of law, and directs the Administrative Office of the Courts (AOC) to cease all procedures related to automatic expunction of dismissed charges. Further directs AOC to maintain a record of any dismissed charges, not guilty verdicts, and findings of not responsible that would be automatically expunged under GS 15A-146(a4), but for the act's suspension, in a manner that would allow for those cases to be automatically expunged when the suspension expires. Effective June 15, 2022, and sunsets the provisions on August 1, 2023. 

Directs AOC to convene a group of stakeholders, including individuals with criminal records who are members of the NC Second Chance Alliance, to examine and make recommendations to resolve the issues with the implementation of automatic expunctions under GS 15A-146(a4). Requires AOC to report to the specified NCGA committee chairs by March 1, 2023. 

Amends GS 15A-145.5(c2)(6), regarding required findings for a court to grant a petition for expunction of one or more nonviolent misdemeanors, to align the requirements for a petition for expunction of one nonviolent misdemeanor with the requirements for a petition for expunction of more than one nonviolent misdemeanor, by requiring that the court must find the petitioner of either petition to have no convictions for a misdemeanor or felony listed as an exception to the term nonviolent misdemeanor or nonviolent felony under the statute (previously, required petitioners for a petition for expunction of one nonviolent misdemeanor to have no convictions for any other felony or misdemeanor other than a traffic offense). Amends subsection (c4), which applies to petitions for expunction of multiple nonviolent convictions and requires the petition to be filed in each county of conviction, to require all petitions to be filed within a 120-day period (was, 30-day period), and authorizes a court to grant a petition filed outside of the 120-day period upon good cause shown. Makes conforming changes. Applies to petitions filed on or after July 1, 2022. 

Changes the act's titles.

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