AN ACT TO ALLOW FOR EXPUNCTION OF NONVIOLENT FELONIES OR NONVIOLENT MISDEMEANORS AFTER FIFTEEN YEARS FOR PERSONS WHO HAVE HAD NO OTHER CONVICTIONS FOR FELONIES OR MISDEMEANORS OTHER THAN TRAFFIC VIOLATIONS UNDER THE LAWS OF THE UNITED STATES, THIS STATE, OR ANY OTHER JURISDICTION, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION. Summarized in Daily Bulletin 5/21/12, 6/13/12, 6/18/12, and 6/19/12. Enacted July 16, 2012. Effective December 1, 2012.
Bill Summaries: H 1023 EXPUNCTION/NONVIOLENT OFFENSES.
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Tracking:
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Bill H 1023 (2011-2012)Summary date: Jul 17 2012 - View Summary
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Bill H 1023 (2011-2012)Summary date: Jun 19 2012 - View Summary
House amendment #5 makes the following changes to 2nd edition, as amended. Amends GS 15A-145.4(a)(5) (excluding from the definition of the term nonviolent felony a felony offense in GS Chapter 90 where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine) to provide that if a prayer for judgment continued has been entered for an offense classified as either a Class G, H, or I felony, the prayer for judgment continued is subject to expunction under the procedures in the statute.
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Bill H 1023 (2011-2012)Summary date: Jun 18 2012 - View Summary
House amendment makes the following changes to 2nd edition. Amends GS 15A-145.5(f) to provide that the requirement to expunge records pursuant to an expunction order does not apply to fingerprint records in addition to DNA records and samples.
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Bill H 1023 (2011-2012)Summary date: Jun 13 2012 - View Summary
House committee substitute makes the following changes to 1st edition.
Amends proposed GS 15A-145.5, which provides for expunction of nonviolent misdemeanors or felonies, to require the petition for expunction to include an affidavit that the person filing the petition has been of good moral character since the date of the conviction for the nonviolent misdemeanor or felony (was, an affidavit that the petitioner has been of good behavior since the completion of any sentence received for the nonviolent misdemeanor or felony). Makes conforming changes inserting the good moral character standard and replacing the phrase completion of any sentence with the term conviction.
Amends the requirements for the content of the petition to include a search by the Department of Justice for any outstanding warrants on pending criminal cases.
Directs district attorneys to engage in their best efforts to contact and notify any victim of the expunction request before the date of the hearing of the petition. Directs the presiding judge to consider during the petition hearing, any other information the court deems relevant, including affidavits or other testimony from law enforcement officers, district attorneys, and victims of the crimes committed by the petitioner.
Expands the findings necessary for the court to grant the petition for expunction to include findings that the petitioner (1) has remained of good moral character and (2) has no outstanding warrants or pending criminal cases. Provides that if the court ascertains the specified findings, the court may (was, shall) grant the expunction and order the person restored in the eyes of the law to the person's former status. Directs the court to include in its order a finding as to the reason it denies a petition.
Requires any other state or local government agency to expunge its records upon receiving from the petitioner an expunction order entered under this section.
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Bill H 1023 (2011-2012)Summary date: May 21 2012 - View Summary
Enacts new GS 15A-145.5, to provide for the expunction of certain misdemeanors and felonies as the title indicates. Sets no age limitation on petitioning for an expunction under this proposed statute. Specifies list of offenses that are not included in the terms nonviolent misdemeanor or nonviolent felony for the purposes of this section (including specified sex related offenses, drug possession, and Class A through G felonies). Provides circumstances under which multiple nonviolent felonies or nonviolent misdemeanors are to be treated as one conviction for the purposes of this statute.
Describes the process and requirements for filing a petition for expunction. Requires that the petition be filed in the court where the petitioner was convicted. Prohibits filing the petition for expunction any earlier than 15 years after the date of conviction or when any active sentence, probation period, and post-release supervision has been served, whichever occurs later. Prescribes the content of the petition, which is to include certain affidavits, an application form approved by the Administrative Office of the Courts requesting and authorizing a criminal history record check, and a statement that the petition is a motion in the cause in the case in which the petitioner was convicted.
Requires service of the petition on the district attorney (DA) of the court where the conviction was obtained and permits the DA 30 days to file any objection to the petition and an additional 30 days upon a showing of good cause by the DA. Provides additional specifications regarding the hearing before the court and the entering of the court's findings. Provides the findings necessary for the court to grant the petition for expunction. Directs the court upon a finding that the petition should be granted to order the expunging of the conviction from the records of the court and to direct law enforcement agencies to also expunge the conviction from their records.
Requires a person filing a petition for expunction under this section to pay a filing fee of $175, except fee requirement does not apply to petitions filed by an indigent.
Amends GS 15A-145.4 regarding expunction of records for first time offenders under the age of 18 when they committed a nonviolent felony, to conform the meaning of the term nonviolent felony to the meaning as used in proposed GS 15A-145.5. Also makes some stylistic changes.
Repeals GS 15A-145(d1), which sets out the content of the petition for expunction now covered in proposed GS 15A-145.5.
Makes conforming changes to GS 15A-146, 15A-151(a), 17C-13(b), and 17E-12(b).
Effective December 1, 2012; however, petitions filed before December 1, 2012, are not abated by this act.