A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE COURT, IN ITS DISCRETION, MAY ALLOW A PERSON WHO WAS CHARGED WITH A NONVIOLENT CRIME WHEN THE PERSON WAS LESS THAN 26 YEARS OLD AND LATER HAD THE CHARGES EXPUNGED AND WHO IS CHARGED WITH A SUBSEQUENT NONVIOLENT CRIME THAT WAS DISMISSED OR FOR WHICH THERE ARE FINDINGS OF NOT GUILTY TO EXPUNGE THE SUBSEQUENT CRIMINAL CHARGES.
Enacts new GS 15A-145.6 as the title indicates. Provides definitions of terms as they apply in this section. Specifies information that must be contained in the petition for expunction and the additional documents that must be filed with the petition. Provides guidelines regarding service of the petition on the the district attorney of the court where the subsequent crime was dismissed or a finding of not guilty was entered. Allows the district attorney 30 days to file any objection, and provides that on a showing of good cause, the court may allow an additional 30 days to file an objection to the petition. Directs the district attorney to make the district attorney's best efforts to contact the victim, if any,before the hearing, and notify the victim of the request for expunction.
Provides that if the court makes the specified findings after the hearing, then the court may, at its discretion, grant the additional expunction and must order that the petitioner be restored, in contemplation of the law, to the status that the petitioner held before the arrest or indictment, or information. Directs the court to include in an order denying the petition a finding as to the reason the petition was denied.
Provides that a person whose record is expunged under this section cannot be found under any provision of law to be guilty of perjury or otherwise giving a false statement for failing to recite or acknowledge the arrest, indictment, or information. Declares that any person required by law to obtain a criminal history record check on a prospective employee is not deemed to have knowledge of any charges expunged under this section. Directs the court to also order that the charges be expunged from the records of the court and therecords of all law enforcement agencies who have that information.
Requires any other state agencies to remove any information regarding the expunged record and to reverse any administrative decisions taken against a person whose record is expunged under this section, as a result of the expunged charges. Also requires local governments to expunge their records. Specifies that these provisions do not apply to the Department of Justice for DNA records and samples stored in the state DNA Database and the state DNA Databank, nor to fingerprint records.
Requires a filing fee of $175 to file a petition for expunction of a criminal record to be paid to the clerk of superior court at the time that the petition is filed. Does not apply to petitions that are filed by a person who is indigent. Directs that the fees collected be deposited in the General Fund.
Effective December 1, 2013.
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