Bill Summary for S 562 (2019-2020)

Summary date: 

Jun 9 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 562 (Public) Filed Tuesday, April 2, 2019
AN ACT TO MAKE VARIOUS REVISIONS TO THE EXPUNCTION LAWS OF THIS STATE.
Intro. by Britt, Daniel, McKissick.

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Bill summary

House committee substitute to the 4th edition makes the following changes.

Part I.

Directs the Administrative Office of the Courts (AOC) to develop and disseminate the forms required for an expunction petition under new GS 15A-145.8 by September 1, 2020. New GS 15A-145.8 provides for expunction of records for offenders under the age of 18 at the time of commission of certain misdemeanors and felonies upon completion of the sentence, applicable to offenses committed on or after December 1, 2019.

Part II.

Postpones the effective date of Part II of the act from December 1, 2019, to December 1, 2020. Part II amends GS 15A-151.5 and GS 15A-151 regarding access to expunged files maintained by AOC.

Part III.

Changes the effective dates set forth for the proposed changes to various subsections of GS 15A-146 concerning expunction of records when charges are dismissed or there are findings of not guilty. Now provides that the changes to subsections (a) through (a3) and (a5), regarding petitions for expunction, apply to petitions filed on or after December 1, 2020 (was, December 1, 2019), and that new subsection (a4), regarding expunction by operation of law, applies to charges disposed of on or after December 1, 2021 (was, July 1, 2020). Makes conforming changes. 

Postpones the date by which the Department of Public Safety, the Department of Justice and AOC must jointly report to the specified NCGA committee on recommendations and costs involved for affected State agencies related to automatic expunction, from February 1, 2020, to October 1, 2021.

Part IV. 

Postpones the effective date of the proposed changes to GS 15A-145.5, regarding expunction of certain misdemeanors and felonies, from December 1, 2019, to December 1, 2020. Makes the provisions applicable to petitions filed on or after that date.

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