Bill Summary for H 121 (2019-2020)

Summary date: 

Apr 8 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

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

Amends proposed GS 15A-145.8 to add the requirement that once a petition for expungement has been filed, the clerk must forward the petition to the district attorney and the chief resident superior court judge or designee. Allows the court for any petition specifically permitted under the Article, without objection from the district attorney following a 10-day period of notice, to either order the expunction without a formal hearing or require a hearing. If an expunction without a formal hearing is not ordered, the court must state the reasons why the expunction was not granted. Makes the statute applicable to offenses committed on or before November 30, 2019 (was, committed between July 1, 2017, and November 30, 2019). 

Amends GS 15A-146 to provide that for the expunctions allowed under that statute, if there is no objection from the district attorney following a 10-day notice period, the court may either order the expunction without a formal hearing, or must conduct a hearing. For expunctions without a hearing that are not ordered, requires the court to state the reasons why the expunction was not granted. Allows the trial court at the time of trial to grant an expunction under the statute without conducting a formal hearing for findings of not guilty or not responsible entered while under the court's immediate jurisdiction. 

Amends the act's long title. 

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