Bill Summary for S 301 (2021-2022)

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Summary date: 

Mar 23 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 301 (Public) Filed Monday, March 15, 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

Senate committee substitute makes the following changes to the 1st edition.

Modifies the proposed changes to GS 15A-145.5, concerning the expunction of certain misdemeanors and felonies, as follows. For the purposes of the statute, no longer 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) (totally excluded by existing language and previously proposed to limit the exclusion for a certain period of time). Adds a new subsection to the statute to explicitly bar impaired driving offenses, as defined in GS 20-4.01(24a) from expunction eligibility; makes conforming deletion of the provision excluding the same from the term nonviolent misdemeanor or nonviolent felony. Makes clarifying changes to the applicable waiting periods for filing a petition to refer to convictions listed in the petition. Makes further conforming changes regarding affidavits filed with the petition to refer to the applicable waiting periods as amended by the act.

Amends the proposed changes to GS 15A-145.8A, expanding 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. Allows the petition to be filed by a person, the district attorney, and at the request of the person eligible for expunction under the statute, the public defender or private counsel (was 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).