Bill Summary for S 301 (2021-2022)

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Summary date: 

Mar 30 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 301 (Public) Filed Monday, March 15, 2021
AN ACT TO ALLOW FOR THE EXPUNCTION OF UP TO THREE NONVIOLENT FELONIES, TO EXPAND THE DEFINITION FOR THE TERM "NONVIOLENT FELONY," TO ALLOW THE PUBLIC DEFENDER OR PRIVATE COUNSEL TO FILE A PETITION FOR EXPUNCTION ON BEHALF OF A PERSON ELIGIBLE TO EXPUNGE CERTAIN OFFENSES COMMITTED UNDER THE AGE OF EIGHTEEN, AND TO ALLOW ACCESS TO EXPUNCTION RECORDS FOR DETERMINING CONDITIONAL DISCHARGE ELIGIBILITY.
Intro. by Britt, Daniel, Lee.

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Bill summary

Senate amendment makes the following changes to the 2nd edition.

Amends the proposed changes to GS 15A-145.8A, expanding upon who may file a petition for expunction from the person's criminal record persons convicted of any misdemeanor or Class H or I felony that was not excluded under the statute, that was committed prior to December 1, 2019, and while the person was less than 18 years of age, but at least 16 years of age. Allows the petition to be filed by a person, the district attorney, or at the request of the person eligible for expunction under the statute, an attorney (was, the public defender or private counsel at the request of a person eligible for expunction under the statute; current law is limited to the person or the district attorney).