House committee substitute makes the following changes to the 1st edition:
Deletes all provisions of the 1st edition. Directs the Joint Legislative Oversight Committee on Justice and Public Safety to study whether a defendant in a 50B domestic violence action should be allowed to expunge orders and other documents related to the action, and under what circumstances any expunction should be allowed, and to report its findings to the General Assembly by April 1, 2018. Provides requirements for the study.
Makes conforming changes to the act's titles.
Bill H796 (2017-2018)Summary date: Apr 25 2017 - View Summary
Bill H 796 (2017-2018)Summary date: Apr 12 2017 - View Summary
Enacts new GS 15A-154 (Petitioning for expunction of 50B ex parte order/temporary order). Provides that defendants are entitled to an expungement of a 50B complaint and all associated materials when either a judge finds after a hearing, or court proceeding in which evidence is presented, that the defendant did not commit acts of domestic violence as alleged in the complaint, or a voluntary dismissal is filed or taken in favor of the defendant by the plaintiff. Provides that a defendant against whom a 50B domestic violence protective order is extended for some period of time may be allowed an expunction upon a showing of six listed factors, including that at least three years have passed since the date that the ex parte order was entered, and that no other 50B orders have been issued against the defendant and no other violent or domestic-related crimes have been charged against the defendant since the date that the last domestic violence order was entered.
Effective October 1, 2017, and applies to actions arising on or after that date.