Bill Summary for H 86 (2025-2026)

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Summary date: 

Feb 10 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 86 (Public) Filed Monday, February 10, 2025
AN ACT TO PROHIBIT A PERSON WHO IS NOT A LEGAL RESIDENT OR CITIZEN OF THE UNITED STATES OR ITS TERRITORIES FROM OBTAINING AN EXPUNCTION OF CRIMINAL CONVICTIONS OR CHARGES FROM THE PERSON'S RECORD.
Intro. by Hastings, Biggs, Torbett, Loftis.

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Bill summary

Titles the act as “The Citizens' Expungement Clarification of 2025."

Enacts new GS 15A-154 making a person who is not a legal resident or citizen of the US or its territories ineligible to obtain an expunction of various criminal charges or convictions under Article 5 of GS Chapter 15A. Requires the court, no earlier than 30 days before the date the court may enter an expunction order, to attempt to determine if a petitioner is a legal resident or citizen by an inquiry of the petitioner or by examining relevant documents. Provides that if the court can’t determine the petitioner’s citizenship status, the court may make an inquiry of US Immigration and Customs Enforcement. Exempts a person who lawfully entered the US and has filed an immigrant petition, or for whom an immigrant petition has been filed, with the US Immigration and Naturalization Service. Effective October 1, 2025, and applies to petitions filed on or after that date.