Bill Summary for S 570 (2015-2016)

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Summary date: 

Jun 25 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 570 (Public) Filed Thursday, March 26, 2015
Intro. by Bryant, McKissick, Daniel.

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Bill summary

House committee substitute makes the following changes to the 3rd edition.

Amends the long title. 

Amends GS 15A-145.5 (Expunction of certain misdemeanors and felonies; no age limitation) and GS 15A-145.4 (Expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony), providing that an offense involving impaired driving as defined in GS 20-4.01(24a) is not, for purposes of these sections, considered a nonviolent misdemeanor or nonviolent felony (previously, provided that offenses under GS 20-138.1, GS 20-138.2, or GS 20-138.5 for driving while impaired or under GS 75A-10(b1) for boating while impaired were not considered nonviolent misdemeanors or non-violent felonies for purposes of GS 15A-145.5).

Enacts new GS 15A-145.7 to provide that if a person is convicted of more than one youthful drug offense in the same session of court, then the convictions are to be treated as one youthful drug conviction and an expunction order under the statute must provide that the multiple convictions are to be expunged from the person's record. Defines a youthful drug offense as a conviction for any violation of GS 90-95(a)(3) (possession of a controlled substance) or GS 90-113.22 (possession of drug paraphernalia) where the defendant is less than 25 years old at the time of the offense. Allows a person to petition for expunction of up to two youthful drug offense convictions if the person has no misdemeanor or felony convictions, other than a traffic or misdemeanor boating violation, for at least 10 years before filing the petition, the person was convicted of an eligible youthful drug offense, and the person provides proof that the person is drug fee (as defined in the act) and has been so for at least one year. Prohibits filing a petition for expunction earlier than the later of (1) 10 years after the date of the conviction or (2) when any active sentence, period of probation, and post-release supervision has been served. Sets out the process for establishing that a person is drug free and has been so for one year. Specifies items that must be included in the expunction petition. Specifies service requirements and gives the district attorney 30 days to object to the petition. Specifies findings the court must make in order to grant the expunction and requires an order denying the petition to include a finding as to the reason for the denial. Sets out provisions concerning the effect of the expunction. Sets the expunction petition fee under this statute at $175 and requires $122.50 to be given to the Department of Public Safety for the costs of criminal record checks. The remaining money is to be used by the Administrative Office of the Courts to pay the costs of processing the petitions.

Amends GS 15A-146, Expunction of records when charges are dismissed or there are findings of not guilty, enacting new subsection (a2), providing that a person who has been previously granted an expunction under this section but is subsequently found not guilty or not responsible can apply to have that subsequent finding expunged. Specifies findings the court must make in order to grant the expunction.  

Amends the effective date provisions, providing that the act is effective December 1, 2015, applying to petitions for expunction filed on or after that date (was, the act was effective when it became law).