Bill Summaries: H571 AUTOMATIC EXPUNCTION/WRONGFUL CONVICTION.

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  • Summary date: Apr 27 2017 - View Summary

    House amendment #1 makes the following changes to the 2nd edition:

    Amends proposed GS 15A-149A. Deletes current subsection (c), regarding the necessary contents of an order of expunction, and replaces them with a provision requiring the order of expunction to include instructions that entries relating to the person's arrest, charge, or trial be expunged from the records of listed governmental entities, and any other government agency identified by the petitioner as bearing record of the same, and an instruction that prior to expunction the files be sent to the Administrative Office of the Courts to be maintained in a confidential file under seal, only to be released as specified. Provides that the expunction is automatic, and the costs of the expunction may not be taxed against the petitioner.

    Replaces the word "apprehension"with the word "arrest" at all points in the bill.


  • Summary date: Apr 26 2017 - View Summary

    House committee substitute makes the following changes to the 1st edition:

    Amends the long title.

    Applies proposed GS 15A-149A to any person who, having been convicted of a felony and having been imprisoned therefor in a prison of this State and who is determined to be innocent of all charges (currently, any person wrongfully convicted and incarcerated but later discharged from prison). Deletes the provision requiring a court to hold a hearing on the expunction application. Replaces, on the list of entities required to expunge records, the Division of Adult Correction with the Department of Public Safety, Combined Records Section and the State Bureau of Investigation.

    Deletes provision appropriating funds to the Judicial Department.

    Adds that the act provides that an individual exonerated before December 1, 2017, may petition the court for an expunction.


  • Summary date: Apr 5 2017 - View Summary

    Section 1 enacts GS 15A-149A to establish that, if any person is wrongly convicted and incarcerated, but later is discharged from prison as a result of a successful appeal, motion for appropriate relief, or writ of habeas corpus, the reviewing court that determined the person was wrongfully convicted and ordered the person be discharged from prison must also enter an order to expunge from all official records any entries relating to the person's apprehension, charge, or trial as provided by the statute. Authorizes a person wrongly convicted and incarcerated, and discharged before December 1, 2017, to petition the reviewing court that determined the person was wrongfully convicted and ordered the person's discharge, for an order to expunge from all official records any entries relating to the person's apprehension, charge, or trial. Directs the court to hold a hearing on the application and, upon finding that the person was wrongly convicted and incarcerated and later discharged, to enter the order.

    Establishes that, if any person is wrongly convicted and incarcerated, but later is discharged from prison as a result of a determination under GS Chapter 15A, Article 92 (North Carolina Innocence Inquiry Commission), that the person is innocent, the three-judge panel that determined the person's innocence and entered the dismissal of the charges must also enter an order to expunge from all official records any entries relating to the person's apprehension, charge, or trial as provided by the statute. Authorizes a person wrongly convicted and incarcerated, and discharged before December 1, 2017, to petition the three-judge panel that determined the person's innocence and entered the dismissal for an order to expunge from all official records any entries relating to the person's apprehension, charge, or trial. Directs the court to hold a hearing on the application, and upon finding that the person was wrongly convicted and incarcerated and later discharged, to enter the order.

    Requires the order of expunction to includean instruction that any entries relating to the person's apprehension, charge, or trial must be expunged from the records of the court and direct all law enforcement agencies, the Division of Adult Correction of the Department of Public Safety, the Division of Motor Vehicles, or any other State or local government agencies identified by the petitioner as bearing record of the same to expunge their records of the entries. Directs that the clerk notify state and local agencies of the court's order as provided in GS 15A-150 (concerning notification requirements of the clerk for expunction of records). Provides that the expunction is to be automatic and the person is not required to file a petition for the expunction. Provides that the costs of expunging the records, as required under GS 15A-150, are not to be taxed against the petitioner.

    Establishes that no person as to whom an order, pursuant to GS 15A-149A, has been entered into can be held thereafter under any provisionof any law to be guilty of perjury, or to be guilty of otherwise giving a false statement or response to any inquiry made for any purpose, by reason of the person's failure to recite or acknowledge any expunged entries concerning apprehension, charge, or trial.

    Provides that any person discharged from prison prior to December 1, 2017, who may petition the court for an expunction under this statute, is entitled to services of counsel for the expunction proceeding regardless of financial status, and that any legal fee or court cost associated with the proceeding is waived. Directs a person who wants counsel to file with the clerk of court a written request for appointment of counsel. Directs the court to appoint counsel under rules adopted by the Office of Indigent Defense Services, no later than 10 days from the date of receipt of the request. Provides for reasonable compensation for private counsel appointed under this section, paid by the State.

    The above provisions are effective December 1, 2017.

    Section 2 appropriates $10,000 from the General Fund to the Judicial Department to be allocated to the Administrative Office of the Courts to assist with the cost of implementing this act. Effective July 1, 2017.