Bill Summary for S 301 (2021-2022)
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View NCGA Bill Details | 2021 |
AN ACT TO ALLOW FOR THE EXPUNCTION OF UP TO THREE NONVIOLENT FELONIES, TO EXPAND THE DEFINITION FOR THE TERM "NONVIOLENT FELONY," TO ALLOW THE PUBLIC DEFENDER OR PRIVATE COUNSEL TO FILE A PETITION FOR EXPUNCTION ON BEHALF OF A PERSON ELIGIBLE TO EXPUNGE CERTAIN OFFENSES COMMITTED UNDER THE AGE OF EIGHTEEN, AND TO ALLOW ACCESS TO EXPUNCTION RECORDS FOR DETERMINING CONDITIONAL DISCHARGE ELIGIBILITY.Intro. by Britt, Daniel, Lee.
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Bill summary
Amends GS 15A-145.5, concerning the expunction of certain misdemeanors and felonies, as follows. For the purposes of the statute, excludes from the definition of nonviolent misdemeanor or nonviolent felony an offense under GS 14-56 (breaking or entering into or breaking out of railroad cars, motor vehicles, trailers, aircraft, boats, or other watercraft), unless 20 years have passed from the later of (1) the date of conviction or (2) the date when any active sentence, period of probation, or post-release supervision has been served (was, offense under GS 14-56 no matter how much time had passed). Allows a person to petition for expunction of one or more nonviolent misdemeanor convictions or up to two (was, one) nonviolent felony convictions from the person's criminal record. Requires a petition for expunction of two nonviolent felonies to be filed no earlier than 20 years after the date of the person's last conviction, other than a traffic offense not listed in the petition for expunction, or 20 years after any active sentence, period of probation, or post-release supervision has been served, whichever occurs later. Amends the eight findings that must be made before a court that is hearing a petition for expunction may order that the petitioner be restored, to (1) require that the petitioner have no misdemeanor convictions, other than a traffic violation not listed in the petition for expunction, in the five years preceding the petition, and no other felony convictions not listed in the petition during the applicable 10-year or 20-year waiting period; (2) adds that for a petition for expunction of two nonviolent felonies, the two nonviolent felony convictions were obtained within the same 24-month period. Makes additional conforming changes.
Amends GS 15A-145.8A to expand upon who may file a petition for expunction from the person's criminal record, persons convicted of any misdemeanor or Class H or I felony that was not excluded under the statute, that was committed prior to December 1, 2019, and while the person was less than 18 years of age, but at least 16 years of age, to allow the petition to be filed by a person eligible for expunction under the statute or, at the request of the person eligible for expunction, the district attorney, the public defender, or private counsel (was, the person or district attorney could make file the petition).
Effective December 1, 2021, and applies to petitions filed on or after that date.