Bill Summary for S 445 (2017-2018)

Summary date: 

Apr 26 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 445 (Public) Filed Tuesday, March 28, 2017
AN ACT TO STANDARDIZE THE FILING PROCEDURES FOR EXPUNGEMENTS, TO AUTHORIZE PROSECUTORS ACCESS TO CERTAIN RECORDS OF EXPUNGEMENT, TO ALLOW CERTAIN EXPUNGED CRIMINAL ACTS TO BE CONSIDERED IN CALCULATING PRIOR RECORD LEVELS DURING SENTENCING FOR SUBSEQUENT OFFENSES, AND TO MAKE OTHER MODIFICATIONS TO THE EXPUNGEMENT PROCESS.
Intro. by Tucker, Bryant, McKissick.

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Bill summary

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

Amends GS 15A-145 (concerning expunction of records for first offenders under age 18 at time of conviction of misdemeanor and expunction of certain other misdemeanors), GS 15A-145.1 (concerning expunction of records for first offenders under age of 19 at time of conviction of certain gang offenses), GS 15A-145.2 (concerning expunction of records for first offenders not over 21 at the time of the offense of certain drug offenses), GS 15A-145.3 (concerning expunction of records for first offenders not over age 21 at the time of the offense of certain toxic vapors offenses), GS 15A-145.4 (concerning expunction of records for first offenders who are under age 18 at the time of the commission of a nonviolent felony), GS 15A-145.5 (concerning expunction of certain misdemeanors and felonies without an age limit), and GS 15A-145.6 (concerning expunctions for certain defendants convicted of prostitution) to require that the clerk of superior court forward the application for the background check submitted as part of a petition for expunction to the Department of Public Safety and to the Administrative Office of the Courts (was, no longer requires the clerk to obtain the judge's authorizing signature before forwarding the application to DPS and AOC).

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