Bill Summaries: H121 EXPUNCTION RELATED TO RTA/NO CONVICTION.

Tracking:
  • Summary date: Apr 11 2019 - More information

    House amendment to the 4th edition makes the following changes.

    Amends the heading of Part I of the act.

    Amends proposed GS 15A-145.8 to clarify that petitions for expungement are to be forwarded to the senior resident superior court judge.

    Amends the following statutes by removing the requirement that the court state the reasons why an expunction was not granted when an expunction without a hearing is not ordered: GS 15A-145.8 (expuntion of record for offenders under age 18 at the time of conviction of certain misdemeanors and felonies upon completion of the sentence), and GS 15A-146 (expunction of records when charges are dismissed or there are findings of not guilty).


  • Summary date: Apr 8 2019 - More information

    House committee substitute to the 3rd edition makes the following changes.

    Amends proposed GS 15A-145.8 to add the requirement that once a petition for expungement has been filed, the clerk must forward the petition to the district attorney and the chief resident superior court judge or designee. Allows the court for any petition specifically permitted under the Article, without objection from the district attorney following a 10-day period of notice, to either order the expunction without a formal hearing or require a hearing. If an expunction without a formal hearing is not ordered, the court must state the reasons why the expunction was not granted. Makes the statute applicable to offenses committed on or before November 30, 2019 (was, committed between July 1, 2017, and November 30, 2019). 

    Amends GS 15A-146 to provide that for the expunctions allowed under that statute, if there is no objection from the district attorney following a 10-day notice period, the court may either order the expunction without a formal hearing, or must conduct a hearing. For expunctions without a hearing that are not ordered, requires the court to state the reasons why the expunction was not granted. Allows the trial court at the time of trial to grant an expunction under the statute without conducting a formal hearing for findings of not guilty or not responsible entered while under the court's immediate jurisdiction. 

    Amends the act's long title. 


  • Summary date: Mar 25 2019 - More information

    House committee substitute to the 2nd edition makes the following changes.

    Amends proposed GS 15A-145.8, concerning juvenile petitions for expungement, to require a person to file a petition to start the expunction process and to require a hearing prior to the court ordering expunction (the previous edition no longer required the person to file a petition and no longer required a hearing). Adds a new requirement for the petition to be on a form approved by the Administrative Office of the Courts (AOC), and for the petition to be filed with the clerk of superior court in the county where the person was convicted.

    Amends the proposed changes to GS 15A-146, to now allow a court, rather than require a court, to order expunction of records when charges are dismissed or there are findings of not guilty upon the court making the appropriate finding and without objection from the district attorney (previously, did not provide for an objection by the district attorney). Additionally, specifies that the court can order the expunction without a formal hearing.

    Adds a directive for AOC to provide forms and instructions for expunction petitions that establish a standardized uniform process for all superior court clerks to follow to have petitions signed by a judge and forwarded to the State Bureau of Investigation. 


  • Summary date: Feb 27 2019 - More information

    House committee substitute to the 1st edition makes the following changes. Amends proposed GS 15A-145.8 to no longer require the person to file a petition in order to start the expunction process and no longer require a hearing. Makes conforming changes by removing references to the petition.  Amends the act's long title.


  • Summary date: Feb 19 2019 - More information

    Applicable only to offenses committed between July 1, 2017, and November 30, 2019. Enacts GS 15A-145.8, allowing a person convicted of a misdemeanor or a Class H or I felony, committed on or after the person's 16th birthday but before the person's 18th birthday, to file a petition for expunction in the trial court upon the completion of any sentence or period of probation imposed any payment of any restitution ordered. Excludes traffic offenses. Requires the court to hold a hearing and enter the order upon making the required findings. Includes persons convicted of multiple offenses in the statute's eligibility. Specifically excludes any offense involving impaired driving or requiring registration as a sex offender. Provides for the petition form and process. Grants immunity to the petitioner from being held guilty of perjury or otherwise giving a false statement for failure to acknowledge an arrest, indictment, or trial after an order has been entered under the statute. Requires the order to include expungement of court and agency records. Specifies that the petition is to be filed at no cost to the petitioner and the costs of expunging the records are not to be taxed against the petitioner. Effective December 1, 2019.

    Amends GS 15A-151.5, making the expunction records for offenders pursuant to GS 15A-145.8, as enacted, maintained under GS 15A-151 electronically available to prosecutors if the criminal records were expunged on or after July 1, 2018. Effective December 1, 2019.

    Amends GS 15A-146, concerning the expunction of records when charges are dismissed or there are findings of not guilty or not responsible, removing from the expunction process the required hearing and required determination that the petitioner had not previously been convicted of a felony. Makes conforming changes and makes the language gender neutral. Effective December 1, 2019.


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