Bill Summary for S 565 (2023-2024)

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Summary date: 

May 22 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 565 (Public) Filed Tuesday, April 4, 2023
AN ACT TO REVISE THE LAWS ON THE AVAILABILITY OF EXPUNGED RECORDS AND TO REPEAL THE AUTOMATIC EXPUNCTION OF DISMISSED CHARGES.
Intro. by Britt, Lazzara, Sawrey.

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Bill summary

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

Repeals GS 15A-146(a4) (expunction of certain charges where the adjudication is a dismissal without leave to refile, not guilty, or not responsible by operation of law occurring on or after December 1, 2021) and Sections 1 and 2 of SL 2022-47, as amended (pertaining to the timing of the automatic expunctions of those verdicts). Previous edition (1) amended section 1, subsection (b), of SL 2022-47, by extending the temporary automatic expunction pause to December 1, 2023 and (2) amended GS 15A-146(a4) to require that those automatic expunctions must occur within 180 days after final disposition. Makes conforming changes to GS 15A-146(c) (petitions for expungement) and GS 15A-150 (notification requirements upon the filing of an expungement petition).

Amends GS 15A-151.5(b), to exempt criminal convictions expunged under GS 15A-145.9 (expunction of offenses committed by human trafficking victims) from being considered a prior conviction that could be used for certain purposes enumerated in the subsection. 

Removes all amendments to GS 15-145.5, including changing the time periods for expunctions of up to three nonviolent felony convictions under new subsubsubsection GS 15-145.5(c)(2)(a1) (allowing certain persons to file an expungement petition 15 years after the date of conviction or after the date of the conviction or 15 years after any active sentence, period of probation, or post-release supervision related to the conviction listed in the petition has been served, whichever occurs later) and GS 15-145.5(c1) (removing references to specific waiting period years in the affidavit statement of good moral character and changing petition requirements for expunction of nonviolent misdemeanors).

Specifies that any expungements granted under GS 15A-146(a4) prior to the effective dates of Sections 1 and 2 of SL 2022-47 remain valid. Requires that any records of dismissed charges, not guilty verdicts, or findings of not responsible maintained under Section 1 of SL 2022-47 cannot be expunged by operation of law and must be retained by the clerk of superior court unless otherwise expunged. 

Makes organizational changes. Amends the act’s titles.