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NC H207

Bill

Status

Introduced

3/4/2013

Primary Sponsor

Kenneth Brandon

Click for details

Origin

House of Representatives

2013-2014 Session

AI Summary

  • Creates new § 15A-145.6 allowing expunction of drug offense convictions (G.S. 90-95(a) through (g)) for individuals with no other felony or misdemeanor convictions except traffic violations.

  • Requires petitioner to wait at least 15 years after conviction and completion of sentence before filing expunction petition, and must provide proof of being drug-free for one year prior to filing with drug testing every 30 days and drug evaluation.

  • Petition must include affidavit of good moral character, verified affidavits from two unrelated character references, documentation of no outstanding restitution orders, and authorization for criminal history record checks by Department of Justice.

  • District attorney has 30 days to file objections and must attempt to notify any victims; court may grant expunction if all criteria are met, allowing petitioner to deny the arrest and conviction in most circumstances.

  • Amends G.S. 15A-145.5, 15A-151, G.S. 17C-13, and G.S. 17E-12 to include new expunction statute in references and establishes $175 filing fee; becomes effective December 1, 2013.

Legislative Description

Expunction of Drug Offenses

Last Action

Ref to the Com on Judiciary Subcommittee B, if favorable, Appropriations

3/5/2013

Committee Referrals

Judiciary Subcommittee B3/5/2013

Full Bill Text

No bill text available