Bill Summary for S 565 (2023-2024)

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Summary date: 

Apr 4 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 565 (Public) Filed Tuesday, April 4, 2023
AN ACT TO IMPROVE THE SECOND CHANCE ACT BY REVISING THE LAWS GOVERNING THE AUTOMATIC EXPUNCTION OF RECORDS AND THE AVAILABILITY OF EXPUNGED RECORDS AND TO ALLOW FOR EXPUNCTION OF THE OFFENSE OF BREAKING OR ENTERING OF A BUILDING WITH INTENT TO COMMIT A FELONY OR LARCENY AND AMEND THE CONDITIONS THAT RESULT IN A PETITION FOR EXPUNCTION BEING DENIED.
Intro. by Britt, Lazzara, Sawrey.

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Bill summary

Amends GS 15A-146(a4) to require that the expungement by operation of law required by that subsection for charges that are dismissed or result in not guilty or not responsible findings after December 1, 2021, must occur no more than 180 days after the date of final disposition. 

Creates new subsection (a1) in GS 15A-151, making expunged court records confidential files to be retained by superior court clerks under the applicable retention schedule. Creates new subsection (a2), requiring the Administrative Office of the Courts (AOC) to make all confidential records available electronically to clerks of superior court, and outlining that a clerk may only disclose the confidential records (1) to a person requesting that person’s own records, (2) to a district attorney or assistant district attorney, or (3) to the Office of the Appellate Defender if that office is appointed counsel for the person subject to the expunged record. 

Repeals subdivisions (a)(1) through (9) of GS 15A-151.5, allowing the AOC to make electronically available all confidential files related to expunctions under GS 15A-151 to State prosecutors. Makes a corresponding change to subsection (b) allowing the use of expunged convictions granted on or after July 1, 2018, as prior convictions for certain purposes enumerated in the subsection.

Amends section 1, subsection (b), of SL 2022-47, extending the temporary automatic expunction pause to December 1, 2023. Amends Section 2, subsection (c), by adding language to clarify that any expungement under the subsection is deemed to have occurred five business days after the date the individual expunction was carried out by the AOC. 

Section 1 of the act amending GS 15A-146, GS 15A-151, and GS 15A-151.5 is effective December 1, 2023.