Bill Summary for H 774 (2017-2018)

Summary date: 

Jun 13 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 774 (Public) Filed Tuesday, April 11, 2017
AN ACT TO AMEND THE LAW REGARDING A CERTIFICATE OF RELIEF FOR CRIMINAL CONVICTIONS.
Intro. by Stevens, Clampitt.

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Bill summary

Senate committee substitute replaces 1st edition with a new act TO AMEND THE LAW REGARDING A CERTIFICATE OF RELIEF FOR CRIMINAL CONVICTIONS. Amends GS 15A-173.2, increasing number of convictions a person may have when petitioning for a Certificate of Relief for criminal convictions from two to five. Removes option for those convicted of Class G felonies to seek relief. Removes restriction on number of misdemeanors a person may have when seeking relief. Requires that if a person has more than one Class H or I felony from the same session of court, then those convictions will be treated as one felony conviction for purposes of this statute. Requires that a Certificate of Relief is automatically revoked if an individual is convicted of a felony or misdemeanor other than a traffic violation. Requires a warning stating as such to be included on criminal judgment records. 

Creates a $50 fee to file a petition for a Certificate of Relief, to be deposited into the General Fund, with an exception for indigent petitioners. Requires the fee to be waived on a showing that the petitioner already paid the fee in another county. Requires the Certificate of Relief holder to notify any employer, landlord, and other parties who relied on the Certificate if the holder has any subsequent conviction, or the Certificate is modified or revoked. 

Amends GS 15A-173.4, discontinuing the benefits provided by a Certificate of Relief when the individual is subsequently convicted of a felony or misdemeanor other than a traffic violation. Allows a court to revoke a Certificate if it finds the petitioner made a material misrepresentation in obtaining it. 

Amends GS 15A-173.5, barring any negligence action alleging lack of care due to engaging in activity with a Certificate holder if the defendant in the proceeding relied on the Certificate at the time of the alleged negligence. 

Makes other clarifying changes. 

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