Bill Summary for S 91 (2013-2014)

Summary date: 

Mar 4 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 91 (Public) Filed Thursday, February 14, 2013
A BILL TO BE ENTITLED AN ACT TO CLARIFY THE LAW PERTAINING TO ADMINISTRATIVE ACTION THAT MAY BE TAKEN BY AN OCCUPATIONAL LICENSING BOARD AS A RESULT OF EXPUNGED CHARGES OR CONVICTIONS UNDER G.S. 15A-145.4 AND G.S. 15A-145.5; TO PROHIBIT AN EMPLOYER OR EDUCATIONAL INSTITUTION FROM REQUESTING THAT AN APPLICANT PROVIDE INFORMATION REGARDING AN ARREST, CRIMINAL CHARGE, OR CRIMINAL CONVICTION OF THE APPLICANT THAT HAS BEEN EXPUNGED; AND TO REQUIRE A STATE OR LOCAL GOVERNMENT AGENCY TO ADVISE AN APPLICANT THAT THE APPLICANT IS NOT REQUIRED TO DISCLOSE INFORMATION REGARDING AN ARREST, CRIMINAL CHARGE, OR CRIMINAL CONVICTION OF THE APPLICANT THAT HAS BEEN EXPUNGED PRIOR TO REQUESTING DISCLOSURE.
Intro. by Daniel, Goolsby, Kinnaird.

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Bill summary

Senate Committee Substitute makes the following changes to the 1st edition.

Amends GS 15A-145.4 (under age 18 at the time of commission of a nonviolent felony)and 15A-145.5 (expunction of certain misdemeanors and felonies regardless of age)to provide that when a person's conviction record is expunged under either of the two statutes wherethe charge or conviction was the result of an administrative action by a state or local government agency, then that agency must also vacate (was, reverse) any actions taken against the person whose record is expunged. Provides that if the agency is an occupational licensing board, then the person whose record is expunged may reapply for licensure and must satisfy current licensing requirements. Effective when this act becomes law.

Amends proposed GS 15A-153to provide that its provisions do not prohibit an employer from asking a job applicant about criminal charges or convictions that have not been expunged and are a part of the pubic record. Provides that a person whose record is expunged is not guilty of perjury or making a false statement for failing to acknowledge or reveal information about the expunged criminal record when asked. However, provides that the prohibition against an entity requiring disclosure of an expunged arrest, criminal charge, or conviction does not apply to (1) state or local law enforcement agencies authorized under GS 15A-151 to obtain confidential information for employment purposes, or (2) an applicant or licensee seeking or holding certification issued by the NC Criminal Justice Education and Training Standards Commission or the NC Sheriff's Education and Training Standards Commission.

Imposes acivil penaltyof up to $500 for each violation, on any employer found to be inviolation of subsection (c) of this statute, which prohibits employers or educational institutions from requiring disclosure of anexpunged arrest,criminal charge, orconviction. Applies only to violations of proposed GS 15A-153 occurring on or after December 1, 2013.

Deletes provision making it a Class 3 misdemeanor for each violation ofproposed GS 15A-153. Specifies that this actdoes not create a private cause of action against an employer, educational institution, or state or local government agency.

Except as otherwise indicated, effective December 1, 2013.

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