Bill Summary for S 192 (2023-2024)

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Summary date: 

Mar 1 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 192 (Public) Filed Wednesday, March 1, 2023
AN ACT TO ALLOW FOR EXPUNCTION OF THE OFFENSES OF BREAKING OR ENTERING OF A BUILDING WITH INTENT TO COMMIT A FELONY OR LARCENY AND POSSESSION OF COCAINE WITH INTENT TO SELL OR DELIVER OR SELL AND DELIVER, TO PROHIBIT EXPUNCTION OF A FELONY OFFENSE UNDER CHAPTER 90 OF THE GENERAL STATUTES INVOLVING FENTANYL, AND TO AMEND THE CONDITIONS THAT RESULT IN A PETITION FOR EXPUNCTION BEING DENIED.
Intro. by Britt, Lazzara, Mohammed.

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Bill summary

Amends GS 15A-145.5 (pertaining to expunction of certain misdemeanors and felonies) as follows. Removes felony offenses under GS Chapter 90 involving possession with intent to sell or deliver cocaine and breaking or entering any building with intent to commit a felony or larceny as offenses exempt from the meaning of “nonviolent misdemeanor” or “nonviolent felony” under the expunction statute. Adds felony offenses involving fentanyl to the list of felony offenses under GS Chapter 90 that are exempt from the meaning of nonviolent misdemeanor or nonviolent felony under the expunction statute.

Amends the time periods for expunctions of up to three nonviolent felony convictions as follows. Enacts new subsubsubsection GS 15-145.5(c)(2)(a1) that allows a person convicted of one nonviolent felony under GS 14-54(a) or (a1), or one nonviolent felony involving possession with intent to sell or deliver or sell and deliver cocaine, to file petition for expunction 15 years after the date of the conviction or 15 years after any active sentence, period of probation, or post-release supervision related to the conviction listed in the petition has been served, whichever occurs later. Makes conforming change to GS 15-145.5(c)(2)(a) to reflect new (a1). Amends GS 15-145.5(c1) to remove references to specific waiting period years in the affidavit statement of good moral character. Expands the scope of what the court must find in order to grant a petition for expunction of one or more nonviolent misdemeanors or nonviolent felonies to include findings that (1) in addition to having no outstanding warrants or pending criminal cases, the petitioner is not under indictment, and no finding of probable cause exists against the petitioner for a felony, in any federal court or state court in the United States and (2) the petitioner is not free on bond or personal recognizance pending trial, appeal, or sentencing in any federal court or state court in the United States for a crime which would prohibit the person from having his or her petition for expunction under this section granted. Removes references to specific waiting period times in finding related to other felony or misdemeanor convictions required to grant petition for expunction and in finding related to completing the waiting period itself.

Effective December 1, 2023, and applies to petitions filed on or after that date.