Bill Summary for H 788 (2017-2018)

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Summary date: 

Apr 13 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 788 (Public) Filed Tuesday, April 11, 2017
AN ACT TO PROVIDE THAT A PERSON SHALL NOT BE DENIED AN EXPUNCTION SOLELY BECAUSE THE PERSON HAS A CONVICTION FOR A MISDEMEANOR BOATING VIOLATION; TO PROVIDE THAT CERTAIN CONVICTIONS FOR DRIVING WHILE IMPAIRED AND BOATING WHILE IMPAIRED ARE NOT ELIGIBLE FOR EXPUNCTION; TO EXPAND THE AVAILABILITY OF CERTIFICATES OF RELIEF TO CERTAIN OFFENDERS AND FOR EXPUNCTIONS OF FINDINGS OF NOT GUILTY OR NOT RESPONSIBLE; AND TO ALLOW FOR THE EXPUNCTION OF CERTAIN YOUTHFUL DRUG OFFENSES.
Intro. by Harrison, Fisher.

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Bill summary

Amends GS 15A-145 (Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors), GS 15A-145.1 (Expunction for first offenders under the age of 18 at the time of conviction of certain gang offenses), GS 15A-145.2 (Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses), GS 15A-145.3 (Expunction of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapors offenses), GS 15A-145.4 (Expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony), GS 15A-145.6 (Expunctions for certain defendants convicted of prostitution), and GS 14-50.30 (Expunction of records) to provide that misdemeanor boating violations do not disqualify a person from receiving an expunction under these statutes.

Amends GS 15A-145.5 (Expunction of certain misdemeanors and felonies; no age limitation). Adds specified offenses for driving while impaired, and specified offenses for boating while impaired, to the definition ofnonviolent misdemeanors. Provides that misdemeanor boating violations do not disqualify a person from receiving an expunction under this statute.

Amends GS 15A-173.2 (Certificate of Relief). Authorizes an individual convicted of criminal offenses no higher than a Class G felony to petition the court where the individual was convicted of the most serious offense for a Certificate of Relief, or if more than one offense of the most serious class of offenses, the court of the most recent of those convictions. Authorizes the court to issue a Certificate of Relief if the court finds, in addition to the other requirements, that the individual has been convicted of five or fewer eligible offenses, 12 months have passed since the individual has completed his or her sentence, or if more than five eligible offenses, 36 months have passed since the individual has completed his or her sentence. Requires a person seeking a Certificate of Relief to pay a $50 fee to the clerk of superior court when the petition is filed, unless the petition is filed by an indigent.

Amends GS 15A-146 (Expunction of records when charges are dismissed or there are findings of not guilty). Directs the court to hold a hearing on the application for an expunction under this statute, and upon finding that the charge was dismissed or a finding of not guilty or not responsible was entered, and that the person has not previously been convicted of a felony (was, required the person to have not previously received an expunction), and to then order the expunction.

Enacts new GS 15A-145.7 (Expunction of certain youth drug offenses). Multiple youthful drug offense convictions (offenses where the defendant was under the age of 25) in the same session of court are treated as a single offense under this statute. Authorizes a person to petition the court of conviction for the expunction of up to two youthful drug offense convictions from the person's criminal record if the person has no misdemeanor or felony convictions, other than a traffic or a misdemeanor boating violation, for the ten years prior to the date of petition, and provides proof that the person is drug-free and has been drug-free for at least one year prior to petition. Requires the petition to be filed both 10 years after the conviction, and after the completion of any active sentence, probation, and post-release supervision has been served for the last conviction. Specifies acceptable proof that a person is drug-free, consisting of a series of drug tests. Specifies requirements for the contents of the petition, including affidavits from the petitioner and two persons not related to the petitioner. Requires the petition to be served on the district attorney, and provides for the district attorney to file any objection to the petition within 30 days, with the option for a 30-day extension. Directs the district attorney to notify any victim, if any, of the request for expunction prior to the date of the hearing. Authorizes the court to have a probation officer perform additional investigation and to consider any other information the court deems relevant. Authorizes the court to grant expunctions to petitioners who have met the above-described requirements, not previously been granted an expunction, are of good moral character, have no outstanding warrants or pending criminal cases, have no felony or misdemeanor convictions other than traffic violations for a period of 10 years prior to the filing of the petition, and have no outstanding restitution orders or civil judgments representing restitution entered against them. Expunction orders restore the petitioner, in the contemplation of the law, to the status the person occupied before the arrest or indictment or information. If the court denies the petition, the court must state findings as to the reason for denial. Provides that persons expunged under this statute are not guilty of perjury or any other false statement for failing to disclose the expunged arrest, indictment, information, trial, or conviction. Requires disclosure of convictions for persons seeking certification under GS Chapters 17C or 17E (regarding the Criminal Justice and Sheriff's Education and Training Standards Commissions). Provides that persons obtaining criminal history record checks on prospective employees have no knowledge of offenses expunged under this statute. Requires the court to order that the conviction be expunged from court, law enforcement, or other state and local government agency records. Requires a filing fee of $175 for a petition under this statute, $122.50 of which is remitted to the North Carolina Department of Public Safety, and the remainder of which is retained by the Administrative Office of the Courts. Does not apply to petitions filed by an indigent.

Effective December 1, 2017, and applies to petitions for expunction filed on or after that date.