Bill Summary for H 121 (2019-2020)

Summary date: 

Feb 19 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 121 (Public) Filed Tuesday, February 19, 2019
AN ACT TO PROVIDE FOR THE EXPUNCTION OF CERTAIN OFFENSES COMMITTED ON OR BEFORE NOVEMBER 30, 2019, FOR OFFENDERS UNDER THE AGE OF EIGHTEEN AT THE TIME OF CONVICTION AND TO MODIFY THE LAW ON EXPUNCTION OF RECORDS WHEN CHARGES ARE DISMISSED OR THERE ARE FINDINGS OF NOT GUILTY.
Intro. by Stevens, Hurley, Jarvis, Carter.

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Bill summary

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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