EXPAND CERTIFICATE OF RELIEF & EXPUNCTION. (NEW)

View NCGA Bill Details2015-2016 Session
Senate Bill 570 (Public) Filed Thursday, March 26, 2015
AN ACT TO EXPAND THE AVAILABILITY OF CERTIFICATES OF RELIEF TO CERTAIN OFFENDERS AND FOR EXPUNCTIONS OF FINDINGS OF NOT GUILTY OR NOT RESPONSIBLE.
Intro. by Bryant, McKissick, Daniel.

Status: Re-ref Com On Finance (House Action) (Jun 22 2016)

SOG comments (6):

Identical bill

Bill as filed is identical to H 650 as filed 4/13/15.

Identical bill

Identical to H 856, filed on 04/14/15.

Long title change

Senate committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO PROVIDE THAT A PERSON SHALL NOT BE DENIED AN EXPUNCTION SOLELY BECAUSE THE PERSON HAS A CONVICTION FOR A BOATING VIOLATION.

Change Long Title

Senate committee substitute to 2nd edition changed the long title.  Long title was AN ACT TO PROVIDE THAT A PERSON SHALL NOT BE DENIED AN EXPUNCTION SOLELY BECAUSE THE PERSON HAS A CONVICTION FOR A MISDEMEANOR BOATING VIOLATION.

Long Title Change

House committee substitute to the 3rd edition made changes to the long title. The original title was as follows:

AN ACT TO PROVIDE THAT A PERSON SHALL NOT BE DENIED AN EXPUNCTION SOLELY BECAUSE THE PERSON HAS A CONVICTION FOR A MISDEMEANOR BOATING VIOLATION AND TO PROVIDE THAT CERTAIN CONVICTIONS FOR DRIVING WHILE IMPAIRED AND BOATING WHILE IMPAIRED ARE NOT ELIGIBLE FOR EXPUNCTION.

Long title change

House committee substitute to the 4th edition changed the long title. Previous long title was AN ACT TO PROVIDE THAT A PERSON SHALL NOT BE DENIED AN EXPUNCTION SOLELY BECAUSE THE PERSON HAS A CONVICTION FOR A MISDEMEANOR BOATING VIOLATION; TO PROVIDE THAT CERTAIN CONVICTIONS FOR DRIVING WHILE IMPAIRED AND BOATING WHILE IMPAIRED ARE NOT ELIGIBLE FOR EXPUNCTION; AND TO ALLOW FOR THE EXPUNCTION OF CERTAIN YOUTHFUL DRUG OFFENSES.

Bill History:

S 570

Bill Summaries:

  • Summary date: Jun 22 2016 - More information

    House committee substitute makes the following changes to the 4th edition.

    Amends the act's short and long titles. 

    Deletes all of the provisions of the previous edition and replaces them with the following.

    Amends GS 15A-173.2 concerning certificates of relief, providing that a person convicted of criminal offenses no higher than a Class G felony can petition the court where they were convicted of the most serious offense for a certificate of relief, in order to relieve collateral consequences as provided in GS Chapter 15A, Article 6 (previously, a person seeking a certificate of relief in the court where convicted could not have been convicted of more than two Class G, H, or I felonies or misdemeanors in one session of court, with no other felony convictions or misdemeanors other than traffic violations). However, further provides that if the person has more than one conviction in the same class of offense as the most serious offense and the convictions are in multiple courts, then the person must petition the court of the most recent conviction. Amends subsection (b) concerning requirements to qualify for a certificate of relief, providing that a person must establish by a preponderance of the evidence that he or she has been convicted of five or fewer eligible offenses and that at least 12 months have passed since the completion of the sentence. However, if the person has been convicted of more than five eligible offenses, then 36 months must have passed since the person has completed the sentence (previously, only allowed the person to be convicted of no more than two Class G, H, or I felonies or misdemeanors in one court session, with a requirement that 12 months pass after sentence is completed). Enacts a new subsection (h) requiring those that file for a certificate of relief to pay a $50 fee to the clerk of superior court when the petition is filed. Provides this fee is deposited into the General Fund and is waived for petitions filed by indigents.

    Enacts new GS 15A-146(a2) concerning subsequent expunctions of findings of not guilty or not responsible, allowing a person who has been granted an expunction previously pursuant to this statute, but is subsequently charged with a misdemeanor or felony, or an infraction under GS 18B-302(i) (Purchase, Possession, or Consumption of Alcohol by 19 or 20-Year Old) prior to December 1, 1999, and there was a finding of not guilty or not responsible, to apply to have the subsequent finding expunged. Requires the court to hold a hearing to determine that (1) a previous expunction was not received pursuant to GS 15A-145, GS 15A-145.1, GS 15A-145.2, GS 15A-145.3, GS 15A-145.4, or GS 15A-145.5, all sections providing for different types of expunctions and (2) the person has not previously been convicted of any felony under the laws of the United States, North Carolina, or any other state. If such is determined, then the court must expunge the finding of not guilty or not responsible.  

    Effective October 1, 2016, applying to petitions for expunction and certificates of relief filed on or after that date. 


  • Summary date: Jun 25 2015 - More information

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

    Amends the long title. 

    Amends GS 15A-145.5 (Expunction of certain misdemeanors and felonies; no age limitation) and GS 15A-145.4 (Expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony), providing that an offense involving impaired driving as defined in GS 20-4.01(24a) is not, for purposes of these sections, considered a nonviolent misdemeanor or nonviolent felony (previously, provided that offenses under GS 20-138.1, GS 20-138.2, or GS 20-138.5 for driving while impaired or under GS 75A-10(b1) for boating while impaired were not considered nonviolent misdemeanors or non-violent felonies for purposes of GS 15A-145.5).

    Enacts new GS 15A-145.7 to provide that if a person is convicted of more than one youthful drug offense in the same session of court, then the convictions are to be treated as one youthful drug conviction and an expunction order under the statute must provide that the multiple convictions are to be expunged from the person's record. Defines a youthful drug offense as a conviction for any violation of GS 90-95(a)(3) (possession of a controlled substance) or GS 90-113.22 (possession of drug paraphernalia) where the defendant is less than 25 years old at the time of the offense. Allows a person to petition for expunction of up to two youthful drug offense convictions if the person has no misdemeanor or felony convictions, other than a traffic or misdemeanor boating violation, for at least 10 years before filing the petition, the person was convicted of an eligible youthful drug offense, and the person provides proof that the person is drug fee (as defined in the act) and has been so for at least one year. Prohibits filing a petition for expunction earlier than the later of (1) 10 years after the date of the conviction or (2) when any active sentence, period of probation, and post-release supervision has been served. Sets out the process for establishing that a person is drug free and has been so for one year. Specifies items that must be included in the expunction petition. Specifies service requirements and gives the district attorney 30 days to object to the petition. Specifies findings the court must make in order to grant the expunction and requires an order denying the petition to include a finding as to the reason for the denial. Sets out provisions concerning the effect of the expunction. Sets the expunction petition fee under this statute at $175 and requires $122.50 to be given to the Department of Public Safety for the costs of criminal record checks. The remaining money is to be used by the Administrative Office of the Courts to pay the costs of processing the petitions.

    Amends GS 15A-146, Expunction of records when charges are dismissed or there are findings of not guilty, enacting new subsection (a2), providing that a person who has been previously granted an expunction under this section but is subsequently found not guilty or not responsible can apply to have that subsequent finding expunged. Specifies findings the court must make in order to grant the expunction.  

    Amends the effective date provisions, providing that the act is effective December 1, 2015, applying to petitions for expunction filed on or after that date (was, the act was effective when it became law).


  • Summary date: Apr 28 2015 - More information

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

    Amends GS 15A-145.5(c) to add that for purposes of the statute, "nonviolent misdemeanor" or "nonviolent felony" does not include an offense under GS 20-138.1, GS 20-138.2, or GS 20-138.5 for driving while impaired, or under GS 75A-10(b1) for boating while impaired.

    Amends the act's long title. 


  • Summary date: Apr 21 2015 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Amends the act's provisions to limit the provisions to convictions for misdemeanor boating violations (was, boating violations).

    Adds a section to the act amending GS 14-50.30 to allow applying for expunction of certain offenses if a person has not previously been convicted of any felony or misdemeanor other than a traffic violation or a misdemeanor boating violation.

    Amends the act's long title.


  • Summary date: Mar 27 2015 - More information

    Amends various statutes in GS Chapter 15A, as the title indicates.


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