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NC H641
Bill
Status
6/23/2011
Primary Sponsor
Elmer Floyd
Click for details
AI Summary
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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).
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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.
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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.
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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.
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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