Bill Summaries: H202 AMEND EXPUNCTION.

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  • Summary date: Feb 26 2019 - View Summary

    Amends GS 15A-145.5, concerning the expunction of certain misdemeanors and felonies, to allow a person to file a petition in the court where the person was most recently convicted (currently, does not specify court where most recently convicted) for expunction of nonviolent midemeanor and nonviolent felony convictions (currently, may petition for expunction of either nonviolent midemeanor or nonviolent felony conviction) from the person's criminal record if the person has no other midemeanor or felony convictions that are excluded from expunction pursuant to this statute, other than a traffic violation. Makes conforming changes to prohibit the petition for expunction from being filed earlier than 10 years after the date of the most recent conviction or when all active sentences, periods of probation, and post-release supervision have been served, whichever occurs later. Makes conforming changes to the provisions setting forth the required contents of the petition, service upon the district attorney, verification of the petitioner's conduct since the most recent conviction, and directives for expungement of convictions from agency records.

    Provides that if the court finds after hearing that the petitioner has not previously been granted an expunction under this statute or the existing specified statutes, or that any previous expunction received under any of those statutes occurred prior to December 1, 2019, and the court makes the other required findings, the court may order the person be restored to the status the person occupied before those arrests, indictments, or informations. 

    Makes conforming change to eliminate subsection (b), which provides for treatment of multiple nonviolent felony convictions or nonviolent misdemeanor convictions in the same session of court as one nonviolent felony or misdemeanor conviction, and requires the expunction order issued to provide the same. 

    Effective December 1, 2019, and applies to petitions filed on or after that date.