Bill Summary for H 801 (2013-2014)

Summary date: 

Apr 12 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 801 (Public) Filed Wednesday, April 10, 2013
A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT A PERSON MAY OBTAIN AN EXPUNCTION FOR ANY CHARGES THAT WERE DISMISSED OR FOR WHICH A FINDING OF NOT GUILTY OR NOT RESPONSIBLE IS ENTERED AND TO PROVIDE THAT NO FEE SHALL BE CHARGED FOR THE FIRST PETITION TO EXPUNGE A CHARGE FROM A PERSON'S RECORD BUT THAT A FEE SHALL BE CHARGED FOR ANY PETITIONS FILED TO EXPUNGE ANY SUBSEQUENT CHARGES.
Intro. by D. Hall.

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Bill summary

Amends GS 15A-146 removing previously received expungments from list of findings that would preclude an order of expunction upon application of the person charged with a crime. Allows expunction for a person who has not been previously convicted of any felonies when the charge is dismissed or a finding of not quilty or not responsible is entered.

Amends GS 15A-146 deleting subsection (a1) regarding the expungement of multiple offenses that are all dismissed or findings of not quilty or not responsible are made.

Changes "expungement" to "expunction" in the following sections: GS 15A-146(b)(b1) and (b2)

Amends GS 15A-146 adding subsection (d) prohibiting a person from being charged a fee for the person's first expunction under this section. Subsequent applications for expunction require a fee of $150 and will be deposited in the General Fund. Fee requirements do not apply to petitions filed by an indigent.

Effective December 1, 2013.

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