Bill Summary for S 565 (2023-2024)

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Summary date: 

Jun 26 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 565 (Public) Filed Tuesday, April 4, 2023
AN ACT TO IMPROVE THE SECOND CHANCE ACT BY REVISING THE LAWS GOVERNING THE AUTOMATIC EXPUNCTION OF RECORDS AND THE AVAILABILITY OF EXPUNGED RECORDS.
Intro. by Britt, Lazzara, Sawrey.

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Bill summary

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

Amends GS 15A-146(a4) to require that the expungement by operation of law required by that subsection for charges that are dismissed or result in not guilty or not responsible findings on or after December 1, 2021, must occur not less than 180 days and not more than 210 days after the date of final disposition. Deletes outdated language.

Modifies the proposed changes to GS 15A-151.5(b), deleting the provision excluding 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. 

Deletes the content of previous Part II of the act, which proposed to: (1) repeal GS 15A-146(a4) and Sections 1 and 2 of SL 2022-47 (relating to automatic expunctions); (2) enact GS 15A-146(a7) (setting a time frame for expunction petition determinations); and (3) amend GS 15A-146(c) and GS 15A-150 (conforming changes). 

Amends Section 2(c) of SL 2022-47 to require the Administrative Office of the Courts (AOC) to expunge all dismissed charges, not guilty verdicts, and findings of not responsible that occurred during the period of time that the temporary pause for automatic expunctions under Section 1 of that act was in effect and are eligible for automatic expunction under GS 15A-146(a4), within 365 days (was, 180 days) when Section 1 of SL 2022-47 expires or is repealed, whichever occurs first. Adds language to provide that any expungement under the subsection is deemed to have occurred five business days after the date the individual expunction was carried out by AOC.

Changes the act's titles.