Bill Summary for S 445 (2017-2018)

Summary date: 

Jun 20 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

House committee substitute makes the following changes to the 2nd edition.

Amends GS 15A-150 (Notification requirements). Directs a clerk of superior court to send a certified copy of an order granting an expunction to the Department of Public Safety, Combined Records Section (was, Division of Adult Correction and Juvenile Justice). Makes a technical change.

Amends proposed GS 15A-151.5 (Prosecutor access to expunged files). Requires the Administrative Office of the Courts to make confidential files maintained under GS 15A-151 electronically available to prosecutors if the criminal record was expunged on or after July 1, 2018 (was, December 1, 2017). Amends the list of expunged records made available to prosecutors under this statute to include expunctions under GS 15A-146(a) and (a1) when charges are dismissed (was, when charges are dismissed or there are findings of not guilty). Makes conforming changes.

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