House committee substitute makes the following changes to 1st edition. Amends proposed Article 6 of GS Chapter 15A, changing the title of the Article to Certificate of Relief (was, Certificate of Restoration of Rights). Makes conforming changes throughout proposed Article 6, replacing all references to a Certificate of Restoration of Rights with Certificate of Relief. Also clarifies that the relief permitted in this Article relieves collateral consequences as the term is defined in the Article and that collateral consequence encompasses a collateral sanction or a disqualification.
Adds a definition for district attorney as it applies in this Article. Provides that an individual may petition the court where the individual was convicted for a Certificate of Relief to relieve the collateral consequences (was, collateral sanctions) of the conviction if the individual: (1) is convicted of no more than two Class G, H, or I felonies or misdemeanors in one session of court (was, no more than two convictions higher than a Class G felony) and (2) has no other convictions for a felony or a misdemeanor other than a traffic violation.
Requires that a petition for a Certificate of Relief is to be heard by a senior superior court judge if the convictions were in superior court or by the chief district court judge if the convictions were in district court. Permits the senior resident superior court judge and chief district court judge in each district to delegate their authority to hold hearings regarding Certificates of Relief to judges, clerks, or magistrates in that district.
Clarifies that a Certificate of Relief (1) does not relieve sanctions imposed by the North Carolina Constitution, (2) does not expunge any criminal history record information, (3) does not constitute a pardon, and (4) does not automatically relieve a disqualification. Provides that an administrative agency, governmental official, or court in a civil proceeding may favorably consider a Certificate of Relief in determining whether a conviction should result in disqualification. Prohibits issuing a Certificate of Relief to relieve (1) any statutory requirements or prohibitions imposed as a result of registration under Article 27A of GS Chapter 14 or (2) the prohibitions on the possession of firearms imposed by Articles 54A and 54B of GS Chapter 14, in addition to other sanctions included in previous edition. Provides that district attorney includes any district attorney authorized under GS 7A-60.
Amends provisions regarding the issuance, modification, and revocation of a Certificate of Relief to (1) also require the court to notify the district attorney at least three weeks before the hearing on a petition for a Certificate of Relief takes place and (2) allow a court to modify or revoke (was, restrict or revoke) a Certificate of Relief issued by that court if the court finds just cause by a preponderance of the evidence. Clarifies that just cause does not include a traffic violation.
Makes additional clarifying changes. Amends the title to better reflect the bill content.