Bill Summary for S 565 (2023-2024)

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Summary date: 

Apr 19 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

Senate committee substitute to the 1st edition makes the following changes. Amends GS 15A-151(a2) to also allow a court clerk to disclose the existence of an expunged record to the attorney representing the person on the expunction matter. Now authorizes disclosure to the office of the district attorney (was, to a district attorney or assistant district attorney).

Amends GS 15A-145.5 (pertaining to expunction of certain misdemeanors and felonies) as follows. Removes the offense of breaking and entering buildings generally as an offense that is not considered a nonviolent misdemeanor or felony under the statute.

Amends the time periods for expunctions of up to three nonviolent felony convictions as follows. Enacts new subsubsubsection GS 15-145.5(c)(2)(a1) that allows a person convicted of one nonviolent felony under GS 14-54(a) to file petition for expunction 15 years after the date of the conviction or 15 years after any active sentence, period of probation, or post-release supervision related to the conviction listed in the petition has been served, whichever occurs later. Makes conforming change to GS 15-145.5(c)(2)(a) to reflect new (a1). Amends GS 15-145.5(c1) to remove references to specific waiting period years in the affidavit statement of good moral character. Expands the scope of what the court must find in order to grant a petition for expunction of one or more nonviolent misdemeanors or one to three nonviolent felonies to include findings that (1) in addition to having no outstanding warrants or pending criminal cases, the petitioner is not under indictment, and no finding of probable cause exists against the petitioner for a felony, in any federal court or state court in the United States and (2) the petitioner is not free on bond or personal recognizance pending trial, appeal, or sentencing in any federal court or state court in the United States for a crime which would prohibit the person from having his or her petition for expunction under this section granted. Removes references to specific waiting period times in findings related to other felony or misdemeanor convictions required to grant petition for expunction and in findings related to completing the waiting period itself. Effective December 1, 2023, and applies to petitions filed on or after that date.

Makes organizational changes and conforming changes to act’s effective date and long title.