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NC H641

Bill

Status

Passed

6/23/2011

Primary Sponsor

Elmer Floyd

Click for details

Origin

House of Representatives

2011-2012 Session

AI Summary

  • Establishes a Certificate of Relief in North Carolina for individuals convicted of no more than two Class G, H, or I felonies or misdemeanors with no other felony or misdemeanor convictions (excluding traffic violations).

  • Requires petitioner to prove 12 months have passed since sentence completion, engagement in lawful activity, compliance with sentence requirements, no pending criminal charges, and no unreasonable public safety risk.

  • Certificate relieves all collateral sanctions except those imposed by North Carolina Constitution, federal law, sex offender registration requirements, firearms prohibitions, motor vehicle license suspensions, and certain employment ineligibilities for corrections officers and prosecutors.

  • District attorney and crime victims have right to appear and be heard at certificate proceedings; certificate may be modified or revoked if petitioner is subsequently convicted or made material misrepresentations.

  • Becomes effective December 1, 2011; does not result in expunction of criminal records or constitute a pardon.

Legislative Description

Certificate of Relief Act

Last Action

Ch. SL 2011-265

6/23/2011

Committee Referrals

Judiciary II6/6/2011
Judiciary Subcommittee B4/26/2011
Rules, Calendar, and Operations of the House4/6/2011

Full Bill Text

No bill text available