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.
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.
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