Bill Summary for S 362 (2015-2016)

Summary date: 

Mar 23 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 362 (Public) Filed Monday, March 23, 2015
AN ACT TO SHORTEN THE WAITING PERIOD REQUIRED TO EXPUNGE NONVIOLENT MISDEMEANOR AND FELONY CONVICTIONS; TO PROVIDE FOR EXPUNCTION OF ALL CHARGES DISPOSED "NOT GUILTY" OR DISMISSED; AND TO ALLOW DISTRICT ATTORNEYS AND LAW ENFORCEMENT ACCESS TO FILES EXPUNGED PURSUANT TO SECOND OR SUBSEQUENT PETITIONS AS PROVIDED BY STATE LAW.
Intro. by Hartsell.

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Bill summary

Amends GS 15A-145.5(c), concerning filing a petition for expunction, providing that a petition for expunction of a nonviolent felony will not be filed earlier than 10 years (was, 15 years) after the date of the conviction, or the completion of any active sentence, period of probation, and post-release supervision, whichever occurs later. Further provides that a petition for expunction of a nonviolent misdemeanor cannot be filed earlier than five years after the date of a conviction, or the completion of any active sentence, period of probation, and post-release supervision has been served, whichever occurs later.  Makes clarifying changes and conforming changes.

Amends GS 15A-146, concerning expunctions of records when charges are dismissed or there is a finding of not guilty, deleting many requirements and procedures for applying for and receiving an expunction when charges are dropped or for a finding of not guilty. Statute now provides that in such instances a person can apply to have any and all such charges expunged and the court will hold a hearing on the application, and if it is determined that the person had not previously been convicted of any felony under the laws of the United States, this state, or any other state, the court will order the expunctions. Provides that individuals that file for second or subsequent expungements pursuant to GS 15A-146 must pay the specified fee to the clerk of superior court. 

Amends GS 15A-151 concerning confidentiality of subsequent expunctions, providing that in cases where a criminal record was expunged pursuant to a second or subsequent petition under GS 15A-146 and the Administrative Office of the Courts received a notice of such petitions and maintain that information in their confidential file, that information must remain confidential but can be disclosed to local law enforcement agencies and to the offices of the district attorney. 

Effective December 1, 2015, applying to petitions filed on or after that date. 

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