Bill Summary for H 675 (2011-2012)

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Summary date: 

Apr 6 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 675 (Public) Filed Wednesday, April 6, 2011
TO PROVIDE THAT A PERSON CONVICTED OF A CERTAIN NONVIOLENT CRIMINAL OFFENSE WHOSE CITIZENSHIP RIGHTS HAVE BEEN RESTORED FOR AT LEAST SEVEN YEARS AND WHO CONTINUES TO ABIDE BY THE LAW MAY HAVE THE OFFENSE EXPUNGED FROM HIS OR HER RECORD.
Intro. by Haire.

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Bill summary

Enacts new GS 15A-149.1 to authorize a person who was convicted of a certain criminal offense to petition the court to expunge the criminal offense from the person’s criminal record if all of the following are met: (1) the person has never been convicted of any other felony or misdemeanor other than a traffic violation (which does not include felony speeding to elude arrest or felony vehicular homicide), (2) the person has no pending felony or misdemeanor charges other than a traffic violation, (3) the person has no outstanding restitution orders or civil judgments representing amounts ordered for restitution against him or her, (4) the person has no previous expunction under this section, and (5) the person’s citizenship rights have been restored pursuant to Chapter 13 of the General Statutes for a period of at least seven years. Defines criminal offense to include a misdemeanor, Class H felony, or Class I felony, but exempts certain offenses. Specifies that the time frame for filing the petition is no earlier than seven years after restoration of the individuals’ citizenship rights. Details required contents of the petition. Requires that petition be served upon the district attorney of the court where the case was tried and allows the district attorney to file any objection to the petition within 30 days. Authorizes judge to whom petition is presented to call upon a probation officer for any additional investigation or verification of petitioner’s conduct. Requires court to conduct a hearing to determine whether petition should be granted and specifies information that court may consider at hearing. Provides that once criminal offense is expunged, there is no legal requirement for the person who committed the offense to disclose the criminal offense, except if the person is pursuing certification under the provisions of Chapter 17C or Chapter 17E of the General Statutes. Provides that if a person whose record is expunged is convicted of a subsequent felony or misdemeanor after the expunction, other than a traffic violation, then the court must include the expunged offense in the calculation of prior record points when imposing the sentence for the subsequent felony or misdemeanor. Specifies certain fees that must be paid by person who files petition for expunction.
Makes conforming changes to GS 15A-151(a).
Effective December 1, 2011.